HKSAR v. Choi Wai kwong (蔡偉光) CACC 137/2006

S’s word:-
Just two points I would like to highlight here, they are Paragraph 36 and Chapter 46 of the Police Force Procedures Manual. Although the Appellant failed to succeed in his appeal by relying on the non-compliance of the same, it can amount to be good attacks on the prosecution’s ID parade evidence for Defendants’ counsels/solicitors that they could adopt in future.

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Date of Judgment: 3 July 2007

Police Force Procedures Manual states:
36. Sometimes a witness may request to see the members of the parade either wearing hats or with headwear removed. There is no objection to such a request. However, if a witness wishes to hear any parade member speak, adopt a specified posture or see the member move, the witness will be first asked whether or not he can identify any person(s) on parade on the basis of the appearance only. The reply will be recorded. When the request is to hear members of the parade speak, the witness should be reminded that the participants on the parade were chosen on the basis of physical appearance only. Members of the parade may then be asked to comply with the witness’ request. Full details of the incident, including the stages at which any identification is made, will be recorded.”

Chapter 46 of the Police Force Procedures Manual provides that the officer in charge of a case may be present at the parade but should not take part in the proceedings. Furthermore, it is specifically stated in the Identification Parade Book: “Do not ask the OC case to call in the witness.”