Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Spousal privilege

  • 31 Jul 2013

    HKSAR v. NG CHUN TO RAYMOND AND ANOTHER

    Citation
    HKSAR v. NG CHUN TO RAYMOND AND ANOTHER
    Court
    Court of Appeal
    Case number
    CACC178/2010

    Given the newly revealed, deliberate and repeated serious misconduct by senior ICAC officers in coaching and concealing contacts with key witnesses, D1 was exposed to a real risk of prejudice such that his convictions on conspiracy charges (1–4) were unsafe and must be quashed; Charge 6 failed for insufficient identification. D4's convictions were also quashed because her trial was inseparably affected by the compromise of her husband's trial and the alternative basis of conviction could not be safely treated as independent; notwithstanding the gravity of misconduct, a permanent stay was not…

  • 26 Apr 1974

    CHAN HING-CHEUNG AND OTHERS v. THE QUEEN

    Citation
    CHAN HING-CHEUNG AND OTHERS v. THE QUEEN
    Court
    Court of Appeal
    Case number
    CACC579/1973

    Having regard to Hong Kong's local circumstances, customary recognition of tsips/secondary wives, related local statutes and binding Privy Council authority, the court concluded that a woman in the position of a tsip is to be treated as a 'wife' for the purposes of s.6 Evidence Ordinance and is therefore incompetent to give evidence against her husband in criminal proceedings; because her evidence was material to the convictions the appeals were allowed and the convictions quashed.