20 Mar 2017
HKSAR v WU WING KIT AND ANOTHER
- Citation
- HKSAR v WU WING KIT AND ANOTHER
- Court
- District Court
- Case number
- DCCC1022/2012
The court refused the prosecution's application: prior-trial oral testimony and the ancillary documentary exhibits are inadmissible as part of the prosecution case in the retrial because admitting them would effectively conscript defendants to incriminate themselves and breach their right to silence, the transcripts and documents are not comprehensible or fairly assessable absent the other evidence and demeanour from the previous trial, and the prejudicial effect outweighs any probative value; therefore both the oral testimony and produced documents are excluded.