19 Apr 2002
HKSAR v. CHAN YIK ZEE, ELSIE AND OTHERS
- Citation
- HKSAR v. CHAN YIK ZEE, ELSIE AND OTHERS
- Court
- Court of First Instance
- Case number
- HCCC111/2000
Section 70 could not be applied because D4 had not been present at the committal and therefore had no opportunity to cross-examine PW1; furthermore the word 'shall' in s.70 is not mandatory so the court retains a discretion to refuse admission of depositions where admission would be unfair, and even if statutory conditions were met the judge would refuse the application given the circumstances (witness's voluntary flight, credibility issues and risk of unfairness).