Hong Kong Case Law: Decisions & Judgments

Topic

Severance of trial

Legal area

Court

9 Apr 2019

HKSAR v. WONG LONG KI AND OTHERS

Citation

[2019] HKCFI 565
Court

Court of First Instance
Case number

HCCC149/2018

Because D1's video-recorded interview contained extensive prejudicial material (including hearsay and duress explanations) that could not be redacted without injustice and which jury directions would not realistically eliminate, the only way to avoid a substantial risk of prejudice was to sever the trial so that D2 and D3 are tried separately from D1; by contrast, D4's interviews could be suitably redacted so D2 need not be severed from D4.
3 Apr 2019

HKSAR v. YIM YU HANG AND OTHERS

Citation

[2019] HKCFI 890
Court

Court of First Instance
Case number

HCCC149/2018

The judge admitted specific WhatsApp messages against each defendant to the extent they met recognised exceptions to the hearsay rule — declaration against interest, co-conspirator rule, or non-hearsay use — and excluded messages that were too vague or where the defendant's position was indistinguishable from non-accused group members prior to any clear admission; because the evidential weight and potential prejudice differed materially between D3 and D1/D2, the judge severed D1 and D2 from D3 and imposed a publication ban to prevent prejudice.
16 Jun 1992

THE QUEEN v. CHARLES CHEUNG WAI BUN

Citation

THE QUEEN v. CHARLES CHEUNG WAI BUN
Court

Court of First Instance
Case number

HCCC160/1989

Because the events occurred c.1979-1982 and the defendant faced trial only after protracted delay (three years nine months post-arrest and about ten years since events), with the defendant bearing none of the responsibility for the delay and the Crown failing to rebut the presumption of prejudice, continuation would amount to an abuse of process and would infringe Articles 10 and 11(2)(c) of the Bill of Rights; a permanent stay was therefore ordered.

Hong Kong Case Law

HKSAR v. WONG LONG KI AND OTHERS

HKSAR v. YIM YU HANG AND OTHERS

THE QUEEN v. CHARLES CHEUNG WAI BUN