Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Admissibility of propensity evidence

Legal area

Court

21 Apr 2004

HKSAR v. TSUI YUN CHOR

Citation

HKSAR v. TSUI YUN CHOR
Court

Court of Appeal
Case number

CACC157/2003

No reversible error: PW2's invocation of privilege caused no material prejudice given the context and her later testimony; the judge's summing up did not improperly pre‑empt the jury despite preferring the more experienced forensic pathologist on a narrow issue and a Platt direction was unnecessary because the expert disagreement was not central; psychiatric propensity evidence was rightly excluded as unnecessary to assist the jury.
15 Jan 2003

HKSAR v. ZABED ALI

Citation

HKSAR v. ZABED ALI
Court

Court of Appeal
Case number

CACC401/2000

The Court refused the s32(2) certificate because the legal issue posed is settled law on the limited admissibility of propensity evidence; the disagreement was over application of those settled principles to the facts, not over the law itself, and therefore did not qualify as a point of law of great and general public importance for certification; the appropriate remedy is an application under the substantial and grave injustice limb of s32(2), which this Court cannot grant.