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Hong Kong decisions
Decisions matching the current search
The court excluded a psychiatrist’s proposed opinion evidence on drug consumption rates, holding the report lacked demonstrated expertise, methodology, and relevance to Hong Kong.
The court allowed only limited factual parts of a witness statement and excluded the rest as inadmissible lay opinion evidence under s 58(2) of the Evidence Ordinance.
The High Court dismissed an appeal against conviction and sentence for corrupt conduct in voting, holding the polling officers gave lay evidence only and the 3-month sentence was not excessive.
The court granted retrospective leave to serve a late witness statement only in part, redacting unsupported and opinion-based material and permitting responsive steps by the defendant.
The court allowed further witness statements in a defamation case, but struck out opinion sentences saying the letters were not defamatory. Costs were awarded largely to the defendant.
The Court of First Instance struck out parts of a pilot’s witness statements in consolidated employment actions, holding the material irrelevant, opinion-based, hearsay, or expert evidence.
The Court of First Instance allowed an application to adduce witness statements, holding that the challenged material was previously raised, and that some opinion evidence was admissible under s 58(2).
Appeal against conviction for acting as a member of a triad society. The court upheld the magistrate’s handling of identification, hearsay, and opinion evidence.
The Court of Appeal allowed a rape conviction appeal after finding the trial judge misdirected the jury on forensic opinion evidence; the good character direction caused no prejudice.
The appeal was allowed because the magistrates’ record was too unclear to show the basis of the evidence, including hearsay and opinion evidence. The conviction was set aside and a retrial ordered.
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