Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Continuation in absence
  • 28 Feb 2019

    HKSAR v. YIP WING FAT

    Citation
    [2019] HKCFI 463
    Court
    Court of First Instance
    Case number
    HCCC395/1993

    The court exercised its discretion to refuse a second voir dire because the defendant deliberately absconded after a full and thorough 16‑day voir dire where he was represented, thereby waiving any right to a rehearing; rehearing would prejudice the due administration of justice given loss of witnesses and the passage of time. The original ruling admitting the record of interview therefore stands. The defendant's flight and his contemporaneous letter are admissible as evidence of consciousness of guilt subject to redaction to remove prejudicial material not relevant to the nexus with the offe…