Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Fresh evidence/admission of new evidence

Legal area

Court

4 Oct 2024

YELSEN FINANCE HOLDINGS LTD 對 WONG KIT TAI

Citation

[2024] HKDC 1669
Court

District Court
Case number

DCCJ5371/2017

The court refused the applications because the proposed fresh evidence was admissible neither under the Ladd and Marshall criteria nor decisive, the defendant failed to show a real prospect of success on appeal given the trial judge’s reasoned credibility findings supported by documents, and no exceptional circumstances justified a stay of execution; accordingly the May 16, 2024 judgment was upheld and applications dismissed with costs.
3 Jul 2001

HKSAR v. LO HO CHUNG

Citation

HKSAR v. LO HO CHUNG
Court

Court of First Instance
Case number

HCMA1039/2000

The court refused admission of the fresh deployment evidence (diligence limb not satisfied); held that although there was some non‑compliance with the HK Force Procedure Manual the breach did not occasion the mischief the code was designed to prevent, participation was voluntary, the parade was not unfair, the trial judge had properly applied Turnbull principles and the complainant's identification was reliable; accordingly the identity evidence was admissible and the appeal was dismissed.