Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Trial discretion

  • 17 Dec 2021

    HKSAR v. NG FAN YING (吳藩英)

    Citation
    [2021] HKCFA 44
    Court
    Court of Final Appeal
    Case number
    FACC9/2021

    The magistrate did not err in restricting cross-examination because the Non-Domestic Work was collateral, the defence failed to explain relevance or lay a solid foundation or disclose unequivocal rebuttal evidence, permitting detailed inquiry would amount to a separate trial and risk unfair fishing; therefore the exercise of discretion was proper and the restrictions caused no substantial and grave injustice.

  • 20 Nov 1986

    THE QUEEN v. YEUNG SAN-WAH

    Citation
    THE QUEEN v. YEUNG SAN-WAH
    Court
    Court of First Instance
    Case number
    HCMA939/1986

    The magistrate properly exercised his discretion to continue the trial despite the accidental suggestion of a prior conviction because no substantial prejudice resulted (it was later shown there was no conviction or suspended sentence), the relationship evidence was narrative and not relied upon, and the reference to the girlfriend's telephone call produced no substantive prejudicial matter; therefore the conviction was safe and the appeal must be dismissed.