Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Ultimate issue

  • 2 Jul 2021

    HKSAR v. PURUGGANAN ROGELIO GARCIA

    Citation
    [2021] HKCFI 2338
    Court
    Court of First Instance
    Case number
    HCCC196/2020

    Application to admit Professor Whitty's report was refused. The court held that while evidence that a scam existed and the defendant's relationship to it was relevant, the Professor's report was neither necessary nor sufficiently reliable or specific to assist the jury on the central issue of knowledge. The report relied on hearsay and speculation, lacked demonstrated expertise specific to the scam type before the court, did not address the ultimate issue of knowledge, and exhibited insufficient independence and empirical foundation, therefore it was inadmissible.

  • 19 Apr 2021

    HKSAR v. HERNANDEZ BORJAS RAUL ORLANDO

    Citation
    [2021] HKCFI 1119
    Court
    Court of First Instance
    Case number
    HCCC359/2019

    The application to adduce Dr Cheng's expert evidence was refused because the evidence was unnecessary for the jury to determine knowledge, Dr Cheng lacked specialist expertise in cyberpsychology, his opinion relied on inadmissible hearsay and assumptions (including assuming a scam and that the defendant was a victim), and part of the report sought to answer the ultimate issue and impinge on credibility which juries are competent to determine.