Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Missing witness

  • 24 Jul 2007

    HKSAR v. TSANG KWOK WING AND ANOTHER

    Citation
    HKSAR v. TSANG KWOK WING AND ANOTHER
    Court
    Court of Appeal
    Case number
    CACC406/2006

    On the totality of the admissible evidence — including witness testimony, immigration records, bank and ATM transfers and admitted documentary facts — the trial judge properly treated statements about why entries were made as explanatory rather than hearsay proof, applied the criminal standard of proof, and legitimately inferred beyond reasonable doubt that the accuseds did not perform the work and participated in a ghost-worker fraud; therefore the convictions were safe and the leave applications were dismissed.

  • 9 May 2000

    MITSUI & CO (HK) LTD. v. MD LTD.

    Citation
    MITSUI & CO (HK) LTD. v. MD LTD.
    Court
    Court of First Instance
    Case number
    HCA9780/1995

    Despite finding inordinate and inexcusable delay by the plaintiff in parts, the court dismissed the strike out appeal because the defendant failed to show that the delay caused the asserted prejudice or made a fair trial impossible; the unavailability of the key witness was not demonstrated to be a consequence of the plaintiff's delay and the defendant's own procedural failures undermined its application.

  • 4 Sept 1994

    THE QUEEN v. YEUNG CHI CHIU AND ANOTHER

    Citation
    THE QUEEN v. YEUNG CHI CHIU AND ANOTHER
    Court
    District Court
    Case number
    DCCC367/1993

    After undertaking the required preliminary inquiry and studying the certified records, the judge found significant gaps and inaudible portions in the taped meetings that could not be reliably filled without Wong's testimony; balancing the advantages and disadvantages of Wong's absence roughly cancelled but, because the defendants were deprived of the Article 11 HKBOR opportunity to test Wong's evidence against the records, continuing would be unfair and a stay of proceedings was ordered.

  • 13 Oct 1992

    R. v. NG KAM FUK

    Citation
    R. v. NG KAM FUK
    Court
    District Court
    Case number
    DCCC104/1992

    The prosecution had not taken all reasonable steps to secure attendance of the listed witness (PC 4928); the witness's absence materially affected the ability to test key identification and arrest evidence and thus a fair trial could not be achieved; under Cavanagh & Shaw (as applied in Machiya) the pre-condition of reasonable steps was not met and the court must order a stay of proceedings.