9 Apr 2003
HKSAR v. WONG SAU MING
- Citation
- HKSAR v. WONG SAU MING
- Court
- Court of Final Appeal
- Case number
- FACC5/2002
Cross-examination by reference to a prior acquittal is permissible only if it is clearly established the prior verdict involved a finding that the witness lied (or was disbelieved) and the prior case is sufficiently comparable and not too remote in time so the prior finding would materially affect assessment of veracity; if those threshold requirements are met the judge may permit cross-examination and, as a further limited exception to the finality rule, may admit evidence to prove the prior finding despite a witness's denial. Applying that test, the prior magistrate's Reasons in HKSAR v Leu…