Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Evidence ordinance s58(2)
  • 26 Jan 2015

    LEUNG PIK WA v. POH PO LIAN AND ANOTHER

    Citation
    LEUNG PIK WA v. POH PO LIAN AND ANOTHER
    Court
    Court of First Instance
    Case number
    HCA681/2011

    The court held that the contested portions of the witness statement were primarily inadmissible opinion evidence because they constituted a forensic accounting analysis beyond the lay witness's expertise and were not the kind of opinion permitted by s58(2) Evidence Ordinance; only those passages that were factual and within the witness's personal knowledge as identified in the Scott Schedule were admitted, and passages that were repetitive or intertwined with impermissible opinion were excluded.

  • 25 Jan 2007

    KRALIK JAMES CHRISTOPHER v. VTECH HOLDINGS LTD

    Citation
    KRALIK JAMES CHRISTOPHER v. VTECH HOLDINGS LTD
    Court
    Court of First Instance
    Case number
    HCA2894/2004

    The application was allowed because the contested matters had been raised previously in witness statements, opinion material is admissible under section 58(2) of the Evidence Ordinance, paragraph 34 of the amended defence and counterclaim provides sufficient particulars of loss and damage on one view of the pleadings, and any remaining deficiencies can be remedied by the defendant serving voluntary particulars without disrupting the trial.