Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Waiver of right to be present

Legal area

Court

17 Nov 2020

HKSAR v. ECHENE MATHIAS (ALSO KNOWN AS ECHENE MATHIAS HUBERT MARIE)

Citation

[2020] HKDC 876
Court

District Court
Case number

DCCC1029/2012

The court found on the facts that the 2nd defendant voluntarily absconded and waived her rights to be present and to legal representation, the prosecution had made reasonable efforts to notify her, and there was a real risk of irreversible prejudice to the prosecution (loss of essential witnesses due to age, health and overseas locations) if the trial were deferred; accordingly the court exercised its discretion to order the trial to proceed against the 2nd defendant in her absence but qualified that the trial judge must reassess fairness on the first day of trial and may order otherwise.
27 Mar 1981

THE QUEEN v. CHU MIU-TAK AND ANOTHER

Citation

THE QUEEN v. CHU MIU-TAK AND ANOTHER
Court

District Court
Case number

DCCC258/1980

Hong Kong courts share the common law discretion to continue a criminal trial in the absence of a defendant who has voluntarily and deliberately absconded while on bail; where the prosecution evidence is complete and the defendant had elected not to give evidence, the court may, in the interests of justice and public interest, order the trial to continue. In this case the 1st defendant voluntarily absconded after the close of the prosecution case and the trial was correctly continued in his absence, subject to the defendant's right to later challenge on grounds of involuntary absence.