Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Child witness competency

  • 29 Apr 1997

    R v. LAM CHI KEUNG

    Citation
    R v. LAM CHI KEUNG
    Court
    Court of First Instance
    Case number
    HCMA1015/1996

    Sections 3 and 4 of the Evidence Ordinance permit reception of a child's unsworn evidence and the judge's failure to conduct a formal competency inquiry or to ask a formal question about truth does not render admissible evidence inadmissible; the judge retains discretion to explain the importance of truth; ss.4(1)-(2) do not contravene the Letters Patent or ICCPR; the video-recorded interview was admissible because the interviewing social worker was a government employee; appeal dismissed and convictions upheld.

  • 20 Jul 1972

    YAU FAT v. THE QUEEN

    Citation
    YAU FAT v. THE QUEEN
    Court
    Court of Appeal
    Case number
    CACC906/1971

    The conviction on Count 3 (indecent assault based on unsworn child evidence) was quashed because the unsworn witness's evidence required statutory corroboration which was absent; the trial judge erred in directions on what constituted corroboration and in treating confirmation of intercourse alone as a material particular proving rape. Where identity or intercourse or lack of consent are disputed, corroboration must relate to the material particular distinguishing criminal conduct (lack of consent) and the evidence here supported substitution to convictions for carnal knowledge of a girl unde…