Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Prejudice vs probative
  • 20 May 2015

    F v. SECRETARY FOR JUSTICE for and on behalf of COMMISSIONER

    Citation
    F v. SECRETARY FOR JUSTICE for and on behalf of COMMISSIONER
    Court
    District Court
    Case number
    DCCJ2555/2010

    The court refused to admit the Admitted Facts because they related to a separate 2012 incident and a bind-over (not a conviction), were not directly relevant to the 2007 allegations, risked opening collateral factual disputes and were more prejudicial than probative; the defendant should have sought specific discovery if it believed the documents were relevant; supplemental psychiatric comments addressing those facts were inadmissible as usurping the court's role; accordingly the application was rejected and the supplemental reports expunged with costs awarded to the plaintiff.