Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Unsworn evidence

  • 1 Apr 2010

    HKSAR v. LEUNG MAN YEE

    Citation
    HKSAR v. LEUNG MAN YEE
    Court
    Court of First Instance
    Case number
    HCMA786/2009

    The magistrate's fact‑finding and credibility assessments were reasonable: DW1 did not witness the assault and his evidence did not undermine PW1 and PW2; medical findings were compatible with PW1's account; no corroboration warning was required; there was no lurking doubt and no basis to overturn the conviction.

  • 29 Apr 1997

    R v. LAM CHI KEUNG

    Citation
    R v. LAM CHI KEUNG
    Court
    Court of First Instance
    Case number
    HCMA1015/1996

    Sections 3 and 4 of the Evidence Ordinance permit reception of a child's unsworn evidence and the judge's failure to conduct a formal competency inquiry or to ask a formal question about truth does not render admissible evidence inadmissible; the judge retains discretion to explain the importance of truth; ss.4(1)-(2) do not contravene the Letters Patent or ICCPR; the video-recorded interview was admissible because the interviewing social worker was a government employee; appeal dismissed and convictions upheld.