Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Section 65da(1)(b) criminal procedure ordinance
  • 23 Nov 2020

    HKSAR v. KAN KWAI FONG

    Citation
    [2020] HKCFI 2917
    Court
    Court of First Instance
    Case number
    HCCC210/2019

    The court held that the defendant's proof of evidence is protected by legal professional privilege and that disclosure to the defence psychiatrist did not amount to a waiver of that privilege; because the prosecution will have the opportunity to cross-examine the defence expert and non-disclosure prior to trial would not cause prejudice, the application for disclosure under section 65DA(1)(b) was refused.