13 May 2011
HKSAR v. RAZAQ NADEEN
- Citation
- HKSAR v. RAZAQ NADEEN
- Court
- Court of Appeal
- Case number
- CACC261/2009
The deposition obtained in Macau should not have been admitted because the prosecution failed to place any evidence that it was not reasonably practicable to secure the witness's attendance in Hong Kong, a statutory precondition under the Evidence Ordinance; however, the erroneous admission caused no miscarriage of justice given the totality of evidence (confessions, DNA, exhibits, video interview) and the appeal is dismissed under the proviso.