Hong Kong Case Law: Decisions & Judgments

Topic

Cross-examination of witnesses

Legal area

Court

16 Aug 2024

RE PRIMLAKS (H.K.) LTD (IN LIQUIDATION)

Citation

[2024] HKCFI 2156
Court

Court of First Instance
Case number

HCCW258/2018

Summary assessment was appropriate given the proceedings' short duration, the issues' nature and the court's familiarity with the matter; costs were awarded on a party-and-party basis because the Liquidators failed to establish exceptional circumstances for indemnity costs; the court summarily assessed specific sums for each summons and ordered the Petitioner to pay HK$860,000 forthwith.
14 Jun 2018

秦錦釗對香港特別行政區

Citation

[2018] HKCA 336
Court

Court of Appeal
Case number

CACV179/2017

The application for leave to appeal was refused because the Kebilene principle precludes using judicial review to intervene in the criminal trial process on evidentiary and stay issues, the applicant's arguments were not reasonably arguable as matters of general or great importance under s22(1)(b) of the CFAO, and alternative remedies or the ordinary criminal appellate process were available; therefore leave to appeal was denied and costs awarded.
28 Jul 2010

HKSAR v. TOERAB MOHAMEDAJOEB AND OTHERS

Citation

HKSAR v. TOERAB MOHAMEDAJOEB AND OTHERS
Court

Court of First Instance
Case number

HCCC411/2009

Cross-examination of Detective Constable 34311 to elicit statements by the first accused is disallowed because the first accused has pleaded guilty and is therefore a competent and compellable witness under Cap.221 ss.57(1),(2),(5),(6); the procedural unfairness rationale for admitting a co-accused's confession through prosecution witnesses does not apply where the defence can call the maker as a witness.
8 Mar 2000

LUI CHE WOO v. WONG SI LING

Citation

LUI CHE WOO v. WONG SI LING
Court

Court of First Instance
Case number

HCA13805/1997

Because the defendant's evidence was not plainly incapable of supporting the existence of a binding settlement and the accounts were diametrically opposed, the court ordered a trial of the issue to allow viva voce evidence and cross-examination; the question of an interim stay and directions was reserved pending inquiries into the availability of the witness Mr Liu and feasibility of his evidence without leaving Jiangmen.
4 Sept 1996

R. v. CHAN LAP MAN, RAYMOND and Others

Citation

R. v. CHAN LAP MAN, RAYMOND and Others
Court

Court of First Instance
Case number

HCCC373/1995

A defendant is entitled to cross-examine police officers who were statement takers in HC Criminal Case No.105 of 1994 about their activities, the outcome of that case and their evidence in that case insofar as allegations of impropriety are made against them because the prior ruling, properly construed, demonstrated that the statement takers' evidence had been disbelieved and therefore there is a sufficient connection under Edwards to justify admissibility of such cross-examination.

Hong Kong Case Law

RE PRIMLAKS (H.K.) LTD (IN LIQUIDATION)

秦錦釗 對 香港特別行政區

HKSAR v. TOERAB MOHAMEDAJOEB AND OTHERS

LUI CHE WOO v. WONG SI LING

R. v. CHAN LAP MAN, RAYMOND and Others

秦錦釗對香港特別行政區