Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Witness in fear

  • 11 Feb 2025

    香港特別行政區 訴 劉佳坪

    Citation
    [2025] HKCFI 674
    Court
    Court of First Instance
    Case number
    HCCC61/2022

    Given the factual background of past violence by the accused, the expert psychiatric and psychological reports showing ongoing PTSD and severe fear at the prospect of confronting the accused, and the legal principle that the witness's state of mind is decisive and need not be objectively justified, the court was satisfied on reasonable grounds that the witness is a 'witness in fear' under s79B and that allowing testimony by live television link is a proportionate measure that does not render the trial unfair.

  • 20 Feb 2009

    HKSAR v. LEUNG KAM TING

    Citation
    HKSAR v. LEUNG KAM TING
    Court
    Court of Appeal
    Case number
    CACC33/2008

    On the facts (threats, prior assault, psychological treatment and adjustment disorder) the trial judge rightly found PW1 to be a "witness in fear" within s79B(1) and properly exercised his discretion under s79B(4) to permit evidence by live television link because the protection afforded outweighed any nonsignificant forensic disadvantage to the accused; the presence of a Social Welfare support person was permissible and no improper conduct was shown; the summing up remarks were unobjectionable; leave to appeal against conviction was dismissed and the 7-year sentence was not manifestly excess…