28 Feb 2018
HKSAR v. LI CHEUNG YIN
- Citation
- [2018] HKCFI 581
- Court
- Court of First Instance
- Case number
- HCCC217/2017
The incoming message was inadmissible hearsay and did not satisfy the res gestae exception because its reliability could not be established: sender unknown, recipient/ownership contested, single isolated message insufficient to exclude concoction or third‑party sourcing; binding precedent in Hong Kong (Ng Kin Yee applying Kearley) requires exclusion. The correct remedy adopted was to direct the jury to ignore the message after defence consented to that course.