HKSAR v. LAM HING CHIT

HKSAR v. LAM HING CHIT

There was reasonable independent evidence, drawn from the witness statement read as a whole and corroborating external material (including letters and other circumstantial material), that Fu Chai participated in the alleged conspiracy with the accused and the witness; therefore the impugned passage is admissible as...

Source-derived case information.

Citation
HKSAR v. LAM HING CHIT
Parties
Defendant: Accused; Prosecution: HKSAR (Prosecution); Witness: Lui Mei Yi; Alleged Co Conspirator: Fu Chai
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
26 July 2017
Case Number
HCCC75/2017
Procedural Posture
Criminal Drug Trafficking/conspiracy / Ruling on Admissibility of Evidence and Hearsay at Commencement/early Stage of Trial
Outcome
Impugned passage admitted as evidence subject to qualification that the ruling may be revisited if subsequent evidence undermines the reasonable evidence finding
Legal Topics
Admissibility, Hearsay Exception, Co Conspirator Statements, Reasonable Evidence Test, Joint Enterprise, Cross Examination Risk
Source Language
en
Criminal Law Evidence Law Admissibility Hearsay Exception Co Conspirator Statements Reasonable Evidence Test Joint Enterprise Cross Examination Risk

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Summary, issues, holding and outcome

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Parties

Accused

Defendant

HKSAR (Prosecution)

Prosecution

Lui Mei Yi

Witness

Fu Chai

Alleged Co Conspirator

Procedural Posture

Criminal Drug Trafficking/conspiracy / Ruling on Admissibility of Evidence and Hearsay at Commencement/early Stage of Trial

Legal Issues

  1. 1 Whether the underlined passage in witness statement is admissible despite being hearsay
  2. 2 Whether the statement is an act or declaration in furtherance of a conspiracy
  3. 3 Whether there is reasonable independent evidence that Fu Chai was a member of the alleged conspiracy with the accused and the witness

Ratio Decidendi

There was reasonable independent evidence, drawn from the witness statement read as a whole and corroborating external material (including letters and other circumstantial material), that Fu Chai participated in the alleged conspiracy with the accused and the witness; therefore the impugned passage is admissible as an act/declaration in furtherance of the conspiracy (with the qualification that the ruling may be revisited if the anticipated evidence does not materialize or collapses).

Court Disposition

Impugned passage admitted as evidence subject to qualification that the ruling may be revisited if subsequent evidence undermines the reasonable evidence finding

Orders

  • The underlined passage in the witness statement is admissible as an act/declaration in furtherance of the conspiracy and may be relied upon by the prosecution (subject to reconsideration)