香港特別行政區 訴 陳敏達

香港特別行政區 訴 陳敏達

The court refused the certificate. The decisive reasoning is that the trial judge's refusal to admit the defence expert, while involving a procedural irregularity as to reasons, did not raise a legal question of wide and general importance because the defence expert sought to go beyond the disclosed report into new...

Source-derived case information.

Citation
[2020] HKCA 748
Parties
Applicant: CHAN Man tat (陳敏達); Respondent: The Hong Kong Special Administrative Region (香港特別行政區)
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
4 September 2020
Case Number
CACC344/2018
Procedural Posture
Criminal Appeal – Application for Certificate to Appeal to Court of Final Appeal / Post‑appeal Motion for Leave/certificate (out‑of‑time Application)
Outcome
Application for certificate to appeal to the Court of Final Appeal refused
Legal Topics
Admissibility of Expert Evidence, Weight of Expert Reports, Trial Management and Disclosure, Procedural Fairness in Criminal Trials, Leave to Appeal to Final Court
Source Language
ch
Criminal Law Evidence Appellate Procedure Expert Evidence Constitutional/human Rights Admissibility of Expert Evidence Weight of Expert Reports Trial Management and Disclosure +2 more

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Parties

CHAN Man tat (陳敏達)

Applicant

The Hong Kong Special Administrative Region (香港特別行政區)

Respondent

Procedural Posture

Criminal Appeal – Application for Certificate to Appeal to Court of Final Appeal / Post‑appeal Motion for Leave/certificate (out‑of‑time Application)

  1. 1 Whether an appellate court may assess the weight of a defence expert's evidence solely on the basis of the defence expert's report and cross‑examination of the prosecution expert when the defence expert was not permitted to testify at trial
  2. 2 Whether that approach can achieve a reliable or sufficient evaluation of the defence expert evidence's weight
  3. 3 Whether the trial judge's refusal to admit a defence expert amounted to a procedural irregularity of sufficient public importance to warrant a certificate to appeal to the Court of Final Appeal

Ratio Decidendi

The court refused the certificate. The decisive reasoning is that the trial judge's refusal to admit the defence expert, while involving a procedural irregularity as to reasons, did not raise a legal question of wide and general importance because the defence expert sought to go beyond the disclosed report into new areas without adequate foundation or prior notice. An appellate court cannot, as a general rule, determine the weight of unadmitted expert evidence solely from a report and cross‑examination of the prosecution expert; expert evidence must be within proper scope and founded on appropriate qualifications and factual basis, and trial management rules permitting exclusion of...

Court Disposition

Application for certificate to appeal to the Court of Final Appeal refused

Orders

  • Applicant's out‑of‑time explanation accepted
  • Certificate to appeal to the Court of Final Appeal denied