Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Electronic communications recovery
  • 16 Oct 2019

    香港特別行政區 訴 李偉嘉

    Citation
    [2019] HKCFI 2483
    Court
    Court of First Instance
    Case number
    HCCC268/2019

    The court ruled that the WhatsApp admission (confession (one)) and the recorded admission to the complainant's mother (confession (three)) were proved to have been made voluntarily beyond reasonable doubt and are admissible; the alleged oral admission in the park (confession (two)) could not be proved voluntary and is inadmissible. The court declined to exercise its discretion to exclude the admissible admissions on the basis of deleted WhatsApp material, finding missing content goes to weight for the jury rather than mandatory exclusion.