Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Witness list/notice
  • 13 Oct 1992

    R. v. NG KAM FUK

    Citation
    R. v. NG KAM FUK
    Court
    District Court
    Case number
    DCCC104/1992

    The prosecution had not taken all reasonable steps to secure attendance of the listed witness (PC 4928); the witness's absence materially affected the ability to test key identification and arrest evidence and thus a fair trial could not be achieved; under Cavanagh & Shaw (as applied in Machiya) the pre-condition of reasonable steps was not met and the court must order a stay of proceedings.