香港特別行政區 訴 李家田及另一人

香港特別行政區 訴 李家田及另一人

Because the prosecution adduced expert evidence from 8774 establishing sufficient foundation for Cellebrite extraction and industry acceptance and produced corroborative environmental evidence showing consistency of messages across devices, the court was satisfied that the digital extracts met the prima facie authenticity standard and therefore are admissible; challenges as to reliability, completeness or interpretation go to weight for the jury.

Citation
[2024] HKCFI 1171
Parties
Prosecution: 香港特別行政區; Fourth Defendant: 李家田; Fifth Defendant: 賴振邦
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
16 September 2024
Case Number
HCCC255/2023
Procedural Posture
Criminal / Admissibility Hearing on Digital Evidence
Outcome
Prosecution allowed to tender the contested digital evidence; evidence admitted as prima facie authentic
Legal Topics
Prima Facie Authenticity, Cellebrite Reliability, Chain of Custody, Judicial Notice, Environmental Evidence, Mobile Messaging Apps (line, Telegram)
Source Language
CT
Criminal Law Evidence Digital Forensics Expert Evidence Procedure Prima Facie Authenticity Cellebrite Reliability Chain of Custody +3 more

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Parties

香港特別行政區

Prosecution

李家田

Fourth Defendant

賴振邦

Fifth Defendant

Procedural Posture

Criminal / Admissibility Hearing on Digital Evidence

Legal Issues

  1. 1 Whether digital extracts from an iPhone via Cellebrite are prima facie authentic and admissible
  2. 2 Whether the Cellebrite tool and its outputs are sufficiently reliable and industry‑accepted for expert opinion to support admissibility
  3. 3 Whether expert evidence provided is adequate as foundation versus need for developer/Apple testimony

Ratio Decidendi

Because the prosecution adduced expert evidence from 8774 establishing sufficient foundation for Cellebrite extraction and industry acceptance and produced corroborative environmental evidence showing consistency of messages across devices, the court was satisfied that the digital extracts met the prima facie authenticity standard and therefore are admissible; challenges as to reliability, completeness or interpretation go to weight for the jury.

Court Disposition

Prosecution allowed to tender the contested digital evidence; evidence admitted as prima facie authentic

Orders

  • Expert 8774 is accepted to give expert evidence on Cellebrite extraction and industry acceptance
  • Prosecution may adduce the digital evidence extracted from the fourth/fifth defendants' devices (including Cellebrite outputs and resulting spreadsheets) as admissible evidence