Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Provenance
  • 1 Jun 2021

    HKSAR v. LAU TING YIN

    Citation
    [2021] HKCFI 1582
    Court
    Court of First Instance
    Case number
    HCCC174/2020

    The court held that the WhatsApp messages, insofar as they are relied upon for the truth of their contents, engage s22A; the prosecution failed to satisfy s22A(2) (no certificate regarding the iPhone operating system/application provider) so s22A(3) applies; the prosecution's handling, transcription and custody of intermediary working discs and schedules (AE312-347) was defective and AE312-347 is inadmissible for lack of verifiable provenance; the call log and WhatsApp entries from 9 February 2019 may be admissible (call log as non‑hearsay and 9 February messages under s22A if properly produc…