4 Oct 1999
THE SECRETARY FOR JUSTICE v. LEE WAI MAN
- Citation
- THE SECRETARY FOR JUSTICE v. LEE WAI MAN
- Court
- Court of First Instance
- Case number
- HCMA871/1999
The magistrate erred in law by excluding the unheard accomplice PW1's evidence on the basis of documentary material; the discretion to exclude admissible evidence is very narrow, unheard accomplice evidence will not ordinarily qualify for exclusion, and the matters relied upon by the magistrate related to weight not admissibility; therefore the acquittal cannot stand and a retrial before a different magistrate is ordered.