Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Contacting witnesses
  • 27 Oct 2016

    香港特別行政區 訴 胡詠東

    Citation
    香港特別行政區 訴 胡詠東
    Court
    Court of Appeal
    Case number
    CACC132/2015

    Court held that where a defendant advances a defence alleging the complainant fabricated allegations and evidence (including messages) supports that assertion, the trial judge should, depending on the facts, direct the jury that approaches to a complaining witness to induce withdrawal may be lawful if not by unlawful or improper means (Wong Chi Wai principle); although the trial judge failed to give that specific direction, the jury's verdict convicting count 3 was nonetheless safe on the evidence because the jury could properly find the defendant sought to prevent the complainant giving a st…