Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Admissibility of character/background evidence
  • 21 Mar 2003

    HKSAR v. TSO CHUI HUNG

    Citation
    HKSAR v. TSO CHUI HUNG
    Court
    Court of First Instance
    Case number
    HCMA1213/2002

    The court held that while background evidence about the appellant's treatment of the complainant was admissible as context, the magistrate erred by using the appellant's oppressive behaviour (bad character) to support and enhance the complainant's credibility; that misuse of evidence undermined the safety of the conviction and required quashing the conviction and setting aside the sentence.