THE QUEEN v. DEY CHI KONG

THE QUEEN v. DEY CHI KONG

A judge will not direct preparation and provision of transcripts of evidence from an earlier trial for use at a retrial as a matter of course; such an order is justified only where justice and fairness require it and where alternatives are inadequate; however, where transcripts have already been prepared by court reporters, the Registrar must furnish them to the parties on payment of the fee per page as directed.

Citation
THE QUEEN v. DEY CHI KONG
Parties
Prosecution: The Queen; Defendant: Dey Chi Kong; 1st Defendant: Law Wai Choi; 2nd Defendant: Leung Yuk Keung
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
19 March 1996
Case Number
HCCC14/1996
Procedural Posture
Criminal Retrial Applications / Pre Trial Review in Chambers (applications for Provision of Transcripts)
Outcome
Applications for transcripts were initially refused for lack of demonstrated necessity; following disclosure that reporters had already prepared the requested transcripts, the court directed the Registrar to furnish them.
Legal Topics
Court Transcripts, Right to Fair Trial, Court Practice, Transcription Costs and Resources
Source Language
EN
Criminal Procedure Evidence Judicial Administration Court Transcripts Right to Fair Trial Court Practice Transcription Costs and Resources

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Parties

The Queen

Prosecution

Dey Chi Kong

Defendant

Law Wai Choi

1st Defendant

Leung Yuk Keung

2nd Defendant

Procedural Posture

Criminal Retrial Applications / Pre Trial Review in Chambers (applications for Provision of Transcripts)

Legal Issues

  1. 1 Whether transcripts of evidence at an earlier trial should be provided automatically for a retrial
  2. 2 Whether provision of transcripts is required for a defendant's right to a fair trial under Art.10 Bill of Rights
  3. 3 Whether parties or court reporters should bear transcription workload/costs

Ratio Decidendi

A judge will not direct preparation and provision of transcripts of evidence from an earlier trial for use at a retrial as a matter of course; such an order is justified only where justice and fairness require it and where alternatives are inadequate; however, where transcripts have already been prepared by court reporters, the Registrar must furnish them to the parties on payment of the fee per page as directed.

Court Disposition

Applications for transcripts were initially refused for lack of demonstrated necessity; following disclosure that reporters had already prepared the requested transcripts, the court directed the Registrar to furnish them.

Orders

  • Registrar is directed to furnish the parties with the requested transcripts on payment of such fee per page as the Registrar may direct.