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Hong Kong decisions
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The Court of Appeal dismissed a conviction appeal for rape and non-consensual buggery, holding that the Mohini references and WhatsApp voice messages were properly handled at trial.
The Court of First Instance dismissed a pre-trial summons to exclude one witness statement and strike out parts of another, holding the issues were premature.
Except for two discrete factual clarifications (questions (4) and (5)), the expert's report did not contain medical ambiguities requiring oral evidence; many of the applicant's queries arose from non-medical issues or misinterpretation of the report and can be resolved by the judge or by a written supplementary report. Given the likely disproportionate costs of oral expert attendance relative to the claim, the application to summon the expert was refused; respondent must instead seek written answers and a supplementary report from the expert within specified time limits. Applicant ordered to…
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The Court of Appeal granted leave on a mistaken-belief direction and admissibility of Instagram complaint evidence, but refused the remaining conviction and sentence grounds.
The Court of Appeal dismissed a renewed application for leave to appeal over excluded supplemental witness statements, finding no reasonable prospect of success.
The District Court granted leave for the applicant to adduce three supplementary witness statements, finding them relevant and necessary to answer the respondent’s evidence.
The Court of Final Appeal held that an accused’s statements to psychiatrists are hearsay if used for truth, and declined to create a new exception for them.
The court held that the prosecution had established prima facie authenticity of the digital evidence extracted from the defendant's iPhone using Cellebrite and that police expert 8774 was qualified to give the necessary expert evidence; therefore the Cellebrite-derived exhibits are admissible, while further challenges to reliability and weight are matters for the jury at trial.
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Court of Appeal granted leave to appeal against rape and indecent assault convictions, finding arguable issues on complaint evidence, jury directions, and distress evidence.
The Court of Appeal granted leave on grounds challenging use of earlier drug-related messages, but refused leave on failure-to-inspect, controlled-delivery, and safety grounds.
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