The Court of Appeal expressed its concern to the top court in HKSAR v CHAN Chu-leung CACC 160/2010 [2023] HKCA 453 “The alleged infringement of the right of silence represents one of the three most common grounds of appeal against conviction argued before the Court of Appeal in both the English and Chinese divisions of the Court; … ” and the parameter of the principle unqualified right of silence laid down in Lee Fuk Hing v HKSAR (2004) 7 HKCFAR 600 some 20 years ago of “.. became a ‘red card’ for judges and appellate courts whenever there is a perceived infringement of the right.”

The Hon Macrae, Acting CJHC, in certifying a point of law of great and general importance for the top court’s determination, considers that the case “… does present an opportunity for the Court to clarify the law for modern conditions in Hong Kong, so that judges, prosecutors, defence counsel and defendants themselves will know exactly where they stand on such a recurring but important issue.”