Hong Kong Case Law: Decisions & Judgments

Topic

Vulnerable witnesses

Legal area

Court

17 Jun 2014

HKSAR v. SHAMSUL HOQUE

Citation

HKSAR v. SHAMSUL HOQUE
Court

Court of First Instance
Case number

HCCC379/2013

A complainant in a sexual offence trial may be screened from the public gallery without undue prejudice to the defendant; the court's inherent power permits such measures where necessary to secure effective testimony and open justice is not defeated by this limited restriction; no medical or expert evidence is required for such a request and an appropriate jury direction will guard against prejudice.
1 Feb 2008

HKSAR v. LAU SIU HING

Citation

HKSAR v. LAU SIU HING
Court

Court of First Instance
Case number

HCMA1136/2007

Given the four year delay, the failure of the contemporaneous complaint to include the most damaging allegation, the family context suggesting potential motive to exaggerate, and the magistrate's over-reliance on demeanour in a case with an unusual defendant, the appellate court concluded there is a reasonable doubt and quashed the conviction; retrial was not appropriate.
29 Jan 1999

CHIM HON MAN v. HKSAR

Citation

CHIM HON MAN v. HKSAR
Court

Court of Final Appeal
Case number

FACC3/1998

The appeal was allowed and convictions quashed because it was an error of law to permit the prosecution to rely on evidence of multiple acts of rape to prove two counts each alleging a single act without particularising or electing such that the accused could fairly meet the charges; concurrently, the videotaped interviews were admissible under s.79C and the live link was permissible under ss.79A/79B read together, but the frailty, lack of particularity, inadequate directions and absence of corroboration rendered the convictions unsafe and no retrial was ordered.

Hong Kong Case Law

HKSAR v. SHAMSUL HOQUE

HKSAR v. LAU SIU HING

CHIM HON MAN v. HKSAR