5 Apr 2016
HKSAR v. HUNG WAI YIP
- Citation
- HKSAR v. HUNG WAI YIP
- Court
- Court of Final Appeal
- Case number
- FAMC25/2015
Because the co-defendant who made the exculpatory statements was compellable and available to be called, those out-of-court statements were inadmissible hearsay; Myers does not extend to statements by former co-defendants in separate trials, and counsel's conscious tactical decision not to call the witness did not constitute flagrant incompetence; any extension of hearsay exceptions is for the legislature.