Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Waiver by absconding

  • 28 Feb 2019

    HKSAR v. YIP WING FAT

    Citation
    [2019] HKCFI 463
    Court
    Court of First Instance
    Case number
    HCCC395/1993

    The court exercised its discretion to refuse a second voir dire because the defendant deliberately absconded after a full and thorough 16‑day voir dire where he was represented, thereby waiving any right to a rehearing; rehearing would prejudice the due administration of justice given loss of witnesses and the passage of time. The original ruling admitting the record of interview therefore stands. The defendant's flight and his contemporaneous letter are admissible as evidence of consciousness of guilt subject to redaction to remove prejudicial material not relevant to the nexus with the offe…

  • 28 Feb 2019

    HKSAR v. YIP WING FAT

    Citation
    [2019] HKCFI 463
    Court
    Court of First Instance
    Case number
    HCCC28/1994

    The court exercised its discretion to refuse a second voir dire and to accept Cannon DJ's 1994 ruling admitting the defendant's record of interview because the defendant deliberately absconded and thereby forfeited or waived the right to re-litigate; additionally, evidence of the defendant's 1994 flight is admissible because a sufficient nexus to the offence exists, subject to redaction of prejudicial material from his letter.