Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Foreign judgment admissibility
  • 6 Dec 2022

    HKSAR v. RODIN

    Citation
    [2022] HKCA 1776
    Court
    Court of Appeal
    Case number
    CACC403/2017

    The purported Malagasy judgments were found, on uncontradicted official inquiries, to be false and inauthentic; therefore they failed to satisfy the statutory requirements for fresh evidence under s.83V Cap 221 and the admissibility requirements for foreign judgments under s.31 Cap 8. Because the leave applications were founded on these fabricated documents, the Court refused leave to appeal against conviction and against sentence (out of time) and ordered 3 months of custody time not to be reckoned as part of the sentence for the wasted time attributable to the fabricated material.