Hong Kong Case Law: Decisions & Judgments

Topic

Oral evidence

Legal area

Court

17 Nov 2008

WONG KAM LEE v. DRAGAGES ET TRAVAUX PUBLICS (HK) LTD AND OTHERS

Citation

WONG KAM LEE v. DRAGAGES ET TRAVAUX PUBLICS (HK) LTD AND OTHERS
Court

Court of First Instance
Case number

HCPI824/2004

Because the Defendant substituted a new psychiatric expert without a joint examination and the experts' opinions were diametrically opposed with material observations by the new expert that the Plaintiff's expert had not had an opportunity to address, the prior reports should be produced and both psychiatric experts should be called to give oral evidence to allow testing of those opinions and avoid unfairness and potential expert shopping.
6 Feb 2007

CHEUNG HUNG v. LAU KWOK MONG

Citation

CHEUNG HUNG v. LAU KWOK MONG
Court

Court of Appeal
Case number

CACV320/2006

Because the true nature of the payment (loan v investment) could not be resolved on affidavit evidence and the defence was not shown to be sham or shadowy, the judge was wrong to impose the condition requiring payment into court; conditional leave was set aside and unconditional leave to defend was to be granted.
8 Oct 2002

Yicko GA Network Securities Ltd. v. Oriental Patron Asia Ltd.

Citation

Yicko GA Network Securities Ltd. v. Oriental Patron Asia Ltd.
Court

Court of First Instance
Case number

HCA9848/2000

Given the existence of sharp disputes on crucial conversations and the need to assess credibility, the judge exercised his discretion and ordered that the main witnesses give their evidence-in-chief orally rather than relying solely on written witness statements.
3 May 2000

LEI SHING HONG SECURITIES LTD. v. LUI SIU PING

Citation

LEI SHING HONG SECURITIES LTD. v. LUI SIU PING
Court

Court of First Instance
Case number

HCA20756/1998

The appeal was allowed because the defendant's oral evidence established a clear and material dispute as to whether she signed the contract, creating a genuine issue of fact that made summary judgment inappropriate; accordingly the judgment and any execution were set aside.
14 Dec 1998

OR YIK CHING v. WONG KWOK HUNG

Citation

OR YIK CHING v. WONG KWOK HUNG
Court

Court of First Instance
Case number

HCA8553/1997

Defendant had been ordered to serve witness statements and failed to do so without providing sufficient reason; accordingly the court declined to exercise its discretion under O.38 r.2A(10) to permit the defendant to give oral evidence, while preserving the defendant's right to cross-examine the plaintiff.

Hong Kong Case Law

WONG KAM LEE v. DRAGAGES ET TRAVAUX PUBLICS (HK) LTD AND OTHERS

CHEUNG HUNG v. LAU KWOK MONG

Yicko GA Network Securities Ltd. v. Oriental Patron Asia Ltd.

LEI SHING HONG SECURITIES LTD. v. LUI SIU PING

OR YIK CHING v. WONG KWOK HUNG