Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Hearsay in administrative proceedings

Legal area

Court

20 Oct 1989

RE LO WING TONG

Citation

RE LO WING TONG
Court

Court of Appeal
Case number

CACV62/1989

Post‑hoc explanatory affidavits by the disciplinary adjudicating officer that purport to explain or qualify the tribunal's reasons are inadmissible on judicial review; the AO complied with Regulation 10 when amending charges and no unfairness arose because the defence did not seek adjournment or recall; hearsay and cautioned statements are admissible in disciplinary proceedings with weight for the tribunal to assess and, on the facts, the evidence (including oral evidence and cautioned statements) was sufficient to support findings of knowledge and the convictions; there was no appearance of…
10 Mar 1989

RE LO WING TONG

Citation

RE LO WING TONG
Court

Court of First Instance
Case number

HCMP2496/1988

The Adjudicating Officer acted within the powers and procedures of the Police (Discipline) Regulations and observed the requirements of natural justice; the amendment of charges under Regulation 10, the admission and reliance on cautioned statements and relevant hearsay, and the assessment of witness credibility were lawful and did not result in material prejudice; the tribunal's findings were open on the evidence and not irrational, therefore the judicial review application fails.