Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Admissibility of unsworn evidence

Legal area

Court

31 Aug 2007

HKSAR v. LEI KAM HUNG

Citation

HKSAR v. LEI KAM HUNG
Court

Court of Appeal
Case number

CACC324/2006

The conviction was unsafe because the principal witness (PW1) gave oral evidence unsworn despite being over 14, that unsworn evidence materially influenced the jury's verdict, and in those circumstances the conviction had to be quashed and a retrial ordered; the proviso could not be applied to uphold the conviction.
14 Mar 1984

LOONG HOCK LTD v. LAW HUNG

Citation

LOONG HOCK LTD v. LAW HUNG
Court

Court of First Instance
Case number

HCSA31/1983

Section 23 of the Small Claims Tribunal Ordinance, read with the presumption in favour of the common law, does not permit reception of unsworn evidence generally; the adjudicator improperly relied on a tribunal officer's summary and entered judgment without a proper hearing, therefore the decision on the balance of the claim was unwarranted and the balance must be retried de novo by another adjudicator.