Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Witness silence

  • 8 Jan 2024

    香港特別行政區 訴 馬敬

    Citation
    [2024] HKDC 67
    Court
    District Court
    Case number
    DCCC81/2023

    The defence failed to prove on the relative likelihood standard that the absence of the four alleged providers would make a fair trial impossible or that no adequate remedy existed; the defence did not establish what the missing witnesses would say or how their evidence would materially assist, the defence had made reasonable efforts to secure attendance, and the prosecution's conduct in not calling them was lawful and rational; accordingly the permanent stay application was refused.

  • 29 Mar 2022

    香港特別行政區 訴 陳耀康

    Citation
    [2022] HKCFI 668
    Court
    Court of First Instance
    Case number
    HCMA131/2020

    The appeal is dismissed because the trial judge's credibility assessments and evidentiary rulings were within reasonable bounds: explanations for witnesses' silence and conduct were credible, immaterial inconsistencies did not undermine overall reliability, the WhatsApp audio qualified as admissible recent complaint under binding authorities, and uncharged acts were properly admitted for context and not used to infer propensity; there is no basis to conclude the convictions were unsafe.