Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Cross-border witness attendance

Legal area

Court

1 Nov 2002

RE CHAN HIU TAO

Citation

RE CHAN HIU TAO
Court

District Court
Case number

DCCC471/2002

The application for a permanent stay was dismissed because the prosecution had taken all reasonable steps to secure attendance of the two Mainland witnesses and there was no reasonable prospect they would attend; Yan's evidence was unlikely to assist the defence on balance of probabilities; although Yi's evidence could assist, it was not so material as to make a fair trial impossible in her absence; accordingly the trial must continue.
24 Apr 1979

LAM FONG v. HING YIP CONSTRUCTION CO

Citation

LAM FONG v. HING YIP CONSTRUCTION CO
Court

District Court
Case number

DCEC164/1978

The court exercised its discretion under Rule 11(1)(a) to admit the remittance list (Ex.A2) under s.49(1); on the oral and documentary evidence the court found partial, not total, dependency of three relatives in China; assessed that roughly two thirds of average remittances represented ‘necessaries’ (HK$1,400 pa) over a 12 year period, producing a compensation figure rounded to HK$17,000, with costs to the applicant.