Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Admissibility of prior statement
  • 21 Mar 1995

    THE QUEEN v. MAK SAU-LEUNG

    Citation
    THE QUEEN v. MAK SAU-LEUNG
    Court
    Court of First Instance
    Case number
    HCMA118/1995

    Because the prior police statement had been shown to the complainant, identified and admitted by consent, the magistrate erred in law by treating parts of it as not in evidence; the unexplained and material discrepancies between that statement and the complainant's oral evidence undermined her credibility and rendered the uncorroborated conviction unsafe, warranting quashing of the conviction and setting aside the sentence.