9 Apr 2019
HKSAR v. YIM YU HANG AND OTHERS
- Citation
- [2020] HKCFI 2570
- Court
- Court of First Instance
- Case number
- HCCC149/2018
Where prosecution proves chain of custody and reliability of the end devices that produced and stored WhatsApp records by combining end-user testimony and credible digital-forensics evidence, those records are admissible without s.22A certificates; prosecution need not prove every intermediary computer in transmission chain; however messages remain hearsay unless they fall within exceptions (declaration against interest or co-conspirator rule), and the court must guard against undue prejudice including by severance when necessary.