Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Examination-in-chief

  • 27 Jan 2023

    BOLD SHINE INVESTMENT LTD v. TSUI YEE KWAN

    Citation
    [2023] HKCA 73
    Court
    Court of Appeal
    Case number
    CAMP412/2022

    Cross‑examination in the conventional Hong Kong sense is outside the scope of Article 6 of the Arrangement when the HKSAR court is the requesting party; where only examination‑in‑chief or an unspecified limited form of cross‑examination may be available, the applicant must demonstrate necessity for the purposes of justice and the extent/value of any limited cross‑examination; the applicant failed to do so and delay and lack of evidence on the extent of permissible cross‑examination justified refusal of the letters of request and refusal of leave to appeal.

  • 13 Dec 2017

    程雪梅 v. 曾凡英 AND OTHERS

    Citation
    程雪梅 v. 曾凡英 AND OTHERS
    Court
    Lands Tribunal
    Case number
    LDPD371/2016

    Tribunal held it had jurisdiction to hear and rule on evidence relating to the 3rd respondent's beneficial interest though it lacked jurisdiction to grant declaratory relief on that interest; respondents were the successful parties so costs generally follow the event but a 10% deduction from respondents' recoverable costs was justified because material evidence was inadequately disclosed in witness statements leading to extended examination-in-chief; accordingly the costs order nisi was varied so the applicant pays 90% of respondents' costs, with certificate for counsel, to be taxed on Distri…

  • 21 Oct 1998

    HKSAR v. YEUNG MAN FU

    Citation
    HKSAR v. YEUNG MAN FU
    Court
    Court of Appeal
    Case number
    CACC27/1997

    The trial judge's premature, prejudicial interventions and his prohibition on leading relevant evidence in the accused's examination-in-chief were serious irregularities that materially hindered the defence, were not cured by subsequent cross-examination, and therefore the conviction could not stand; appeal allowed and retrial ordered.