Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Admissibility of expert hearsay
  • 3 Dec 2013

    HKSAR v. NANCY ANN KISSEL

    Citation
    HKSAR v. NANCY ANN KISSEL
    Court
    Court of Appeal
    Case number
    CACC66/2012

    The Court held that a permanent stay was not required because a fair trial could be achieved by judicial case‑management and directions; Dr Lui's written opinion was inadmissible hearsay where the expert was not called and could not be used to bolster another expert on a contested issue; the prosecution case was supported by substantial evidence (spiked milkshake, concealment, forensic findings) and there was ample basis for the jury to reject defence psychiatric evidence; on the whole the conviction was neither unsafe nor unsatisfactory and the appeal was dismissed.