3 Aug 2017
HKSAR v. CHU CHI HO
- Citation
- HKSAR v. CHU CHI HO
- Court
- Court of Appeal
- Case number
- CACC28/2016
The court held the trial judge erred to admit the telephone conversation as 'recent complaint' because the exception is tied to situations where the act complained of is properly a sexual offence; the prosecution did not establish that the conversation qualified as recent complaint under that exception here. The conversation could have been admissible only as evidence of state of mind (explanation for complainant's return), not as recent complaint. Nonetheless the conviction was upheld under the proviso (Criminal Procedure Ordinance s83(1)) because the remaining admissible evidence sufficient…
- Recent complaint rule
- Misconduct in public office
- Admission of previous consistent statements
- Procuring sexual service by threat (s119 crimes ordinance)
- Sufficiency of evidence
- Criminal procedure ordinance s82(2)(a) & s83(1)