Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Safe systems
  • 14 Jun 2017

    HKSAR v. CHOW HEUNG WING,STEPHEN AND OTHERS

    Citation
    HKSAR v. CHOW HEUNG WING,STEPHEN AND OTHERS
    Court
    Court of First Instance
    Case number
    HCCC437/2015

    The court admitted prosecution evidence that CIK was experimental and hospital‑appropriate as relevant; evidence of safe system failures including laboratory setup, procedures, inventory and testing is admissible against D1 and D2 (subject to hearsay rules); evidence against D3 is limited, primarily to failure to ensure viral and bacterial testing prior to infusion; laboratory staff may testify to their knowledge and reasons for non‑participation and experts may give opinions if supported by trial evidence; hearsay exclusions apply to untested utterances (eg Ho Wai Yan) and to exhibit labels…