HKSAR v. HUI RAFAEL JUNIOR , also known as HUI SI-YAN RAFAEL AND OTHERS

HKSAR v. HUI RAFAEL JUNIOR , also known as HUI SI-YAN RAFAEL AND OTHERS

In a complex criminal trial the prosecution may produce and refer to detailed chronologies and flowcharts during opening provided the trial judge exercises discretion to manage prejudice by requiring clear, repeated directions that such materials are not evidence and limiting their use; the judge must revisit warnings and give appropriate directions at summing-up.

Citation
HKSAR v. HUI RAFAEL JUNIOR , also known as HUI SI-YAN RAFAEL AND OTHERS
Parties
Respondent: HKSAR; 1st Defendant: HUI Rafael Junior also known as HUI Si-yan Rafael; 2nd Defendant: KWOK Ping-kwong Thomas; 3rd Defendant: KWOK Ping-luen Raymond; 4th Defendant: CHAN Kui-yuen also known as Thomas CHAN; 5th Defendant: KWAN Francis Hung-sang also known as Francis KWAN
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
23 May 2014
Case Number
HCCC98/2013
Procedural Posture
Criminal / Ruling on Use of Chronologies and Flowcharts in Prosecution Opening Before Evidence Heard
Outcome
Allowed in principle: prosecution may produce and refer to detailed chronologies and flowcharts in opening and during trial subject to judicial directions and discretion.
Legal Topics
Use of Chronologies and Flowcharts, Admissibility of Documentary Aids, Jury Directions, Trial Case Management
Source Language
EN
Criminal Law Evidence Trial Procedure Use of Chronologies and Flowcharts Admissibility of Documentary Aids Jury Directions Trial Case Management

Case Brief

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Parties

HKSAR

Respondent

HUI Rafael Junior also known as HUI Si-yan Rafael

1st Defendant

KWOK Ping-kwong Thomas

2nd Defendant

KWOK Ping-luen Raymond

3rd Defendant

CHAN Kui-yuen also known as Thomas CHAN

4th Defendant

KWAN Francis Hung-sang also known as Francis KWAN

5th Defendant

Procedural Posture

Criminal / Ruling on Use of Chronologies and Flowcharts in Prosecution Opening Before Evidence Heard

Legal Issues

  1. 1 Whether prosecution may provide chronologies and flowcharts to the jury during opening before contents are established by admissible evidence
  2. 2 Whether early provision of such material causes unfair prejudice to the defence
  3. 3 Extent of judicial discretion and case management in complex trials

Ratio Decidendi

In a complex criminal trial the prosecution may produce and refer to detailed chronologies and flowcharts during opening provided the trial judge exercises discretion to manage prejudice by requiring clear, repeated directions that such materials are not evidence and limiting their use; the judge must revisit warnings and give appropriate directions at summing-up.

Court Disposition

Allowed in principle: prosecution may produce and refer to detailed chronologies and flowcharts in opening and during trial subject to judicial directions and discretion.

Orders

  • Prosecution must explain to the jury in opening the limited use of the material and the judge will reinforce that warning before any evidence is called and during summing-up as necessary.
  • Reporting restriction: the content of this judgment including the ruling may not be reported until conclusion of the trial or further order.