Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Prejudicial vs probative discretion
  • 6 May 2013

    HKSAR v. CHAN CHUN CHUEN

    Citation
    HKSAR v. CHAN CHUN CHUEN
    Court
    Court of First Instance
    Case number
    HCCC182/2012

    Defendant's prior sworn statements and evidence in the probate proceedings are admissible because they are 'mixed'—containing admissions of factual matters (possession, use, dates) and background circumstances relevant to the circumstantial criminal case—and are therefore not inadmissible hearsay; the probative value of that evidence outweighs any prejudicial effect and the prosecution may adduce it to challenge the defendant's account without it amounting to impermissible propensity evidence.