11 Jan 2017
THE LIQUIDATOR OF WING FAI CONSTRUCTION CO LTD (IN LIQUIDATION) v. YIP KWONG ROBERT AND ANOTHER
- Citation
- THE LIQUIDATOR OF WING FAI CONSTRUCTION CO LTD (IN LIQUIDATION) v. YIP KWONG ROBERT AND ANOTHER
- Court
- Court of First Instance
- Case number
- HCCW735/2002
The court exercised its discretion under s47 Evidence Ordinance to decline to exclude the hearsay statements of Ms Ip and Mr Chim against the 2nd respondent because the statements were not affirmations created for the proceedings (so Order 38 r2 did not apply), the absence of objection by other respondents and failure to seek cross-examination under Order 38 r21 were relevant circumstances, and concerns about untested evidence should be addressed by assessing weight under s49 rather than by exclusion at that stage.