3 Apr 2019
HKSAR v. YIM YU HANG AND OTHERS
- Citation
- [2019] HKCFI 890
- Court
- Court of First Instance
- Case number
- HCCC149/2018
The judge admitted specific WhatsApp messages against each defendant to the extent they met recognised exceptions to the hearsay rule — declaration against interest, co-conspirator rule, or non-hearsay use — and excluded messages that were too vague or where the defendant's position was indistinguishable from non-accused group members prior to any clear admission; because the evidential weight and potential prejudice differed materially between D3 and D1/D2, the judge severed D1 and D2 from D3 and imposed a publication ban to prevent prejudice.