Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Expert admissibility

Legal area

Court

31 May 2022

WONG KWEI PIU v. CHOW CHI CHEUNG t/a SUN LEE CO

Citation

[2022] HKDC 437
Court

District Court
Case number

DCEC1082/2017

On the balance of probabilities the court accepted that the claimant sustained rib fractures with residual chest pain and a mild Major Depressive Disorder caused by the accident; orthopaedic LOE assessed at 1% with 6 months sick leave, cardiothoracic injuries caused no additional LOE and sick leave extended to 17 January 2017, psychiatric MDD assessed as mild with 3% LOE and 12 months sick leave (25 Nov 2019–24 Nov 2020); aggregate LOE 4%; monthly earnings for EC purposes fixed at HKD 18,833 (including averaged bonus); statutory EC compensation under ss9/10/10A assessed and paid (net EC award…
2 Jul 2021

HKSAR v. PURUGGANAN ROGELIO GARCIA

Citation

[2021] HKCFI 2338
Court

Court of First Instance
Case number

HCCC196/2020

Application to admit Professor Whitty's report was refused. The court held that while evidence that a scam existed and the defendant's relationship to it was relevant, the Professor's report was neither necessary nor sufficiently reliable or specific to assist the jury on the central issue of knowledge. The report relied on hearsay and speculation, lacked demonstrated expertise specific to the scam type before the court, did not address the ultimate issue of knowledge, and exhibited insufficient independence and empirical foundation, therefore it was inadmissible.