Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Right to confront accuser

  • 17 Jun 2014

    HKSAR v. SHAMSUL HOQUE

    Citation
    HKSAR v. SHAMSUL HOQUE
    Court
    Court of First Instance
    Case number
    HCCC379/2013

    A complainant in a sexual offence trial may be screened from the public gallery without undue prejudice to the defendant; the court's inherent power permits such measures where necessary to secure effective testimony and open justice is not defeated by this limited restriction; no medical or expert evidence is required for such a request and an appropriate jury direction will guard against prejudice.

  • 20 Feb 2009

    HKSAR v. LEUNG KAM TING

    Citation
    HKSAR v. LEUNG KAM TING
    Court
    Court of Appeal
    Case number
    CACC33/2008

    On the facts (threats, prior assault, psychological treatment and adjustment disorder) the trial judge rightly found PW1 to be a "witness in fear" within s79B(1) and properly exercised his discretion under s79B(4) to permit evidence by live television link because the protection afforded outweighed any nonsignificant forensic disadvantage to the accused; the presence of a Social Welfare support person was permissible and no improper conduct was shown; the summing up remarks were unobjectionable; leave to appeal against conviction was dismissed and the 7-year sentence was not manifestly excess…