QUESTION 5 (22 Marks) The following is an exam hypothetical. Recently, various credible sources indicated that a number of Hong Kong police officers were facilitating drug transactions. In response, the Police Department set up an undercover task force to investigate. As part of the task force's operation, John Chan (actually Sergent Bob Chan borrowed from the Singapore Police Force) posed as the general manager of a bar in Wanchai. John Chan's orders were to contact Hong Kong police officers and test their willingness to participate in drug transactions. In late April of last year, Officer Adam Tsui responded to an incident at the Wanchai bar involving an alleged disruptive patron. The incident was dealt with by Officer Tsui pepper-spraying the patron, an over-reaction. (The patron was actually another task force member, and the incident was staged to test for over-reaction). The next day, John Chan went to the Police Department to "meet and greet" Officer Adam Tsui. This first meeting between the two, on 1 May 2022, was short but fruitful; they discussed the possibility of Adam Tsui providing private security for John Chan. Shortly thereafter, John Chan offered Adam Tsui a security detail job. The job was straightforward. Adam Tsui picked up John Chan in his car and drove him to a parking garage. Once there, John Chan went to another vehicle and spoke to another undercover agent for several minutes. Adam Tsui was instructed to keep a look-out. Each time, John Chan would return to Adam Tsui's car carrying a small package, and Adam Tsui would drive him home. For this minimal effort, Adam Tsui earned $4,000 per event - an unusually large amount. After the fourth above-described event, John Chan turned to Adam Tsui and said he wanted a chat with "Adam, and not Officer Adam Tsui, for a second." Adam Tsui accepted this invitation. John Chan then explained the details of his alleged drug transactions and Adam Tsui's proposed role in assisting. The basic idea was that Adam Tsui would be John Chan's security in a future large-scale exchange. Adam Tsui reluctantly confirmed his willingness to participate, stating that he did not want to know what was being exchanged but that he would make sure that John Chan accomplished his task. Adam Tsui told John Chan that he and his wife were about to have a baby, and he really needed the money. The task force was aware of Adam Tsui's financial pressures, and that he was being chased for a number of unpaid debts. On 1 1 August 2022, John Chan called Adam Tsui and offered to pay him $20,000 to help with a job that involved picking up a drug shipment at the airport. Adam Tsui agreed, and the two met at John Chan's apartment.John Chan and Adam Tsui drove in separate cars to the airport. There they met a man who had three duffel bags purportedly containing 30 kilograms of cocaine. John Chan and Adam Tsui moved the three bags into John Chan's car. John Chan then opened the bags and showed Adam Tsui, over the latter's protest that he did not want to view the contents, powder appearing to be cocaine. (In fact, it was fake.) They both then drove, again separately, to a parking garage. At the exchange point, John Chan made a call to another undercover agent who came and picked up the drugs. John Chan paid Adam Tsui the agreed $20,000, and they went their separate ways. Months later, on 15 November 2022, two task force agents followed up with Adam Tsui about the August 11 transaction. They spoke to him at the police station. Adam Tsui admitted that he had accompanied John Chan for the transaction, but he denied knowing what was in the bags. The agents then confronted Adam Tsui with all the evidence against him. At which time, Adam Tsui broke down, stating that he was not a dirty cop, but that he had \"screwed up.\" The agents then cautioned Adam Tsui for the first time. They told Adam he was in a lot of trouble, but if he would co-operate with them and 1dentify other dirty cops or the location of other drugs, things would go much easier for him. Adam then told the agents that he did occasionally use small amounts of cannabis (a'/k/a marijuana), and that he had some at his flat. Adam's flat was then searched. In a dresser drawer, they found 7 grams of cannabis (a/k/a marijuana). Discuss any evidentiary issues likely to arise in the prosecution of Adam Tsui. (Do not discuss scientific issues concerning the drugs, such as identifying them, testing their purity, etc.) QUESTION 6 (13 Marks) The following 1s an exam hypothetical. Alex Leung was arrested on suspicion of burglarizing a flat. A number of jewelry items had been taken from a dresser drawer at the flat. The police had no direct evidence against Alex but told his solicitor that his fingerprints had been found at the scene on the dresser. This was untrue. Alex's solicitor, believing that the case against him was solid, urged Alex to confess in order to ask for leniency at sentencing. Alex confessed and was convicted. He appealed on the grounds that his confession should have been excluded. Outline in full Alex's appeal arguments and the appellate court's likely rulings