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
- HCCC282/2000
Section 70 could not be applied in this trial because the 4th accused (D4) did not have a full opportunity to cross-examine the witness at the committal; accordingly there is an absolute bar to reading the deposition as to D4 and the court retains discretion to refuse admission where admission would deny a fair trial; in the circumstances the court would also refuse admission of the deposition as to D1 and D3 because admission would likely produce a materially unfair trial notwithstanding statutory conditions otherwise being met.