Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Video evidence admissibility

  • 15 Feb 2018

    HKSAR v. WONG WAI HO

    Citation
    [2018] HKCA 101
    Court
    Court of Appeal
    Case number
    CACC38/2017

    The Court concluded it was reasonably arguable that the trial judge erred in inferring the 7th applicant was present at the substation and participated in the assault because the identification relied on was insufficiently substantiated and over-relied on tenuous circumstantial matters (QRT membership and uncertain evidence he wore glasses); accordingly the 7th applicant was granted leave to appeal against conviction on ground 2 and may appeal on ground 1 as a matter of law without leave; leave to appeal against sentence was also granted.

  • 15 Feb 2018

    HKSAR v. LAU HING PUI

    Citation
    [2018] HKCA 99
    Court
    Court of Appeal
    Case number
    CACC38/2017

    The court held that the first ground raised a question of law only (so leave was not required) but the identification ground was reasonably arguable because the trial judge's identification relied on insufficient and potentially unreliable visual markers (notably the light-coloured trousers) amid non-continuous footage and poor lighting, rendering the identification by sight unsafe; accordingly leave to appeal on conviction (ground 2) and leave to appeal against sentence were granted.