Hong Kong Case Law: Decisions & Judgments

Topic

Business records

Legal area

Court

11 Feb 2002

Alpha-Plus Enterprise Co. v. Star Fair Electronics Co. Ltd.

Citation

Alpha-Plus Enterprise Co. v. Star Fair Electronics Co. Ltd.
Court

District Court
Case number

DCCJ8579/2000

The counterclaim was dismissed because the defendant failed to prove on the balance of probabilities the necessary chain of causation and provenance — specifically that the diodes examined by the expert originated from the plaintiff's consignment and were the cause of the smoking — such evidential failures were fatal to the counterclaim; accordingly judgment was entered for the plaintiff for the claimed amount with interest and costs.
26 Feb 1999

HKSAR v. LUI KIN HONG, JERRY

Citation

HKSAR v. LUI KIN HONG, JERRY
Court

Court of Appeal
Case number

CACC378/1998

The court held the trial judge erred in admitting the GIL/Pasto documents because the statutory preconditions of sections 22/22A of the Evidence Ordinance were not satisfied and section 22B(2) precludes drawing inferences from documents to establish admissibility; reliance on R v Foxley was misplaced under Hong Kong law, therefore the conviction was quashed and no retrial ordered.
16 Sept 1987

THE QUEEN v. H.G. DETTENTHALER

Citation

THE QUEEN v. H.G. DETTENTHALER
Court

Court of First Instance
Case number

HCMA599/1987

No voir dire was required because voluntariness was not in issue and there was no evidence of coercion or oppression; the appellant's letter was admissible; business records P9 and P10 were admissible as originals produced in the ordinary course of business and, having been relied on in cross-examination, their contents were properly treated as evidence; the evidence was overwhelming and conviction and sentence were upheld.

Hong Kong Case Law

Alpha-Plus Enterprise Co. v. Star Fair Electronics Co. Ltd.

HKSAR v. LUI KIN HONG, JERRY

THE QUEEN v. H.G. DETTENTHALER