1 Nov 2021
HKSAR v. AU KWAI SUN
- Citation
- [2021] HKCA 1631
- Court
- Court of Appeal
- Case number
- CACC350/2019
Leave to appeal was granted because the Court found certain grounds to be reasonably arguable: principally the trial judge's refusal to admit the call record via the arresting officer without proper evidential foundation under s22A, the limitations placed on cross-examination about the post-record and right to decline interview, and interventions/comments by the judge during cross-examination and summing-up that could amount to unfair prejudice. Other grounds were rejected as not reasonably arguable because they raised matters for the jury or were supported by trial evidence and law.