Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Live television link

  • 2 Aug 2024

    香港特別行政區 訴 李雪菁

    Citation
    [2024] HKDC 1238
    Court
    District Court
    Case number
    DCCC263/2023

    The court granted the prosecution's overdue application under s.79I Cap.221 because the prosecution established the delay was reasonably explained by the witness's unforeseeable departure and ICAC's reasonable attempts to locate her; the live link would not prejudice the accused's fair trial rights because observation and real‑time questioning remain possible by video, and proper safeguards could be imposed. The court therefore authorised testimony by live television link subject to specified conditions including presence of a court‑approved Indonesian translator/supervisor, procedural deadli…

  • 4 Feb 2021

    HKSAR v. CHEN KEEN (alias JACK CHEN) AND OTHERS

    Citation
    [2021] HKCFI 304
    Court
    Court of First Instance
    Case number
    HCCC309/2019

    Part IIIB permits evidence from overseas witnesses only by live television link as enacted; the court cannot permit that evidence to be video recorded and then played to the jury as a substitute for live testimony because there is no statutory authority to convert live link testimony into an out-of-court recorded testimonial presentation; recording is permitted only for preservation of the court record and the court cannot use s79I conditions, rule-making (s79L), or inherent jurisdiction to expand the statutorily prescribed mode of reception of evidence.

  • 20 Feb 2009

    HKSAR v. LEUNG KAM TING

    Citation
    HKSAR v. LEUNG KAM TING
    Court
    Court of Appeal
    Case number
    CACC33/2008

    On the facts (threats, prior assault, psychological treatment and adjustment disorder) the trial judge rightly found PW1 to be a "witness in fear" within s79B(1) and properly exercised his discretion under s79B(4) to permit evidence by live television link because the protection afforded outweighed any nonsignificant forensic disadvantage to the accused; the presence of a Social Welfare support person was permissible and no improper conduct was shown; the summing up remarks were unobjectionable; leave to appeal against conviction was dismissed and the 7-year sentence was not manifestly excess…

  • 29 Jan 1999

    CHIM HON MAN v. HKSAR

    Citation
    CHIM HON MAN v. HKSAR
    Court
    Court of Final Appeal
    Case number
    FACC3/1998

    The appeal was allowed and convictions quashed because it was an error of law to permit the prosecution to rely on evidence of multiple acts of rape to prove two counts each alleging a single act without particularising or electing such that the accused could fairly meet the charges; concurrently, the videotaped interviews were admissible under s.79C and the live link was permissible under ss.79A/79B read together, but the frailty, lack of particularity, inadequate directions and absence of corroboration rendered the convictions unsafe and no retrial was ordered.