Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Rules of evidence

  • 21 Jul 2006

    RE SELLEYS PTY LTD

    Citation
    RE SELLEYS PTY LTD
    Court
    Court of First Instance
    Case number
    HCMP82/2006

    Rule 37 contemplates filing an original counter-statement but does not exclude reception of a copy of a statutory declaration; given the Registrar's broad procedural discretion under s.78 and Rule 79 the Tribunal may admit a copy and test authenticity by calling the declarant for oral identification of the original. A procedural irregularity of filing a copy does not automatically make it inadmissible or deprive the owner of protection absent material prejudice; accordingly the Hearing Officer was correct to admit the copy and set aside the Registrar's treatment of the application as unoppose…

  • 17 Feb 1982

    TAM KII-NIN v. THE QUEEN

    Citation
    TAM KII-NIN v. THE QUEEN
    Court
    Court of Appeal
    Case number
    CACC1123/1981

    The appeal was allowed because there was no admissible evidence before the magistrate to satisfy the condition in s.45(1)(a)(iii) that the appellant committed the act charged; for a final detention order under s.45 the magistrate must be satisfied beyond reasonable doubt and the rules of evidence apply.