Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Residual discretion to admit evidence

Legal area

Court

12 Dec 2024

WONG CHAK WING AND ANOTHER v. CAMELO INVESTMENT LTD AND OTHERS

Citation

[2024] HKCA 1155
Court

Court of Appeal
Case number

CACV32/2022

The Court dismissed the application because the plaintiff failed the first Ladd v Marshall condition: the fresh documents existed before trial and the plaintiff failed to demonstrate that they could not, with reasonable diligence, have been obtained for trial. Alleged misconduct of the former solicitors does not constitute a special ground to satisfy the reasonable diligence test and cannot, without further satisfactory explanation, justify admitting the evidence. The Court declined to exercise any residual discretion to admit the evidence. The application was dismissed with costs fixed at HK…
7 Nov 2018

HKSAR v. INDRA AGUS SETIAWATI

Citation

[2018] HKCFI 2466
Court

Court of First Instance
Case number

HCCC318/2017

The impugned photographs and video extracted from the accused's mobile phone were admissible because they were relevant and probative when considered with the surrounding conduct and other evidence; any privacy breach did not mandate exclusion under the court's residual discretion and the material did not establish uncharged earlier offences so as to warrant exclusion. The jury must be directed that the material cannot be used to infer earlier drug dealing by the accused.