Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Advance fee fraud (419 scam)
  • 2 Jul 2021

    HKSAR v. PURUGGANAN ROGELIO GARCIA

    Citation
    [2021] HKCFI 2338
    Court
    Court of First Instance
    Case number
    HCCC196/2020

    Application to admit Professor Whitty's report was refused. The court held that while evidence that a scam existed and the defendant's relationship to it was relevant, the Professor's report was neither necessary nor sufficiently reliable or specific to assist the jury on the central issue of knowledge. The report relied on hearsay and speculation, lacked demonstrated expertise specific to the scam type before the court, did not address the ultimate issue of knowledge, and exhibited insufficient independence and empirical foundation, therefore it was inadmissible.