Our Hong Kong Evidence Law Notes & Model Exam Answers (Past Paper Answers) will provide you with a clear and complete synthesis of the most important points you need for your Hong Kong Evidence Law PCLL Conversion exam. The table of contents of our Hong Kong Evidence Law Notes & Model Exam Answers (Past Paper Answers) is shown below.
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Table of Contents for Hong Kong Evidence Law Notes
1. Introduction.. 4
A. How to use Conversion Notes. 4
B. Abbreviations and
Legislation.. 4
2. introduction.. 4
A. Principal items and
classification of evidence. 4
B. Relevance. 6
C. Admissibility. 6
D. Best evidence rule. 7
E. Judicial discretion to
exclude – Probative value and prejudice. 7
3. Burden
and standard of Proof. 7
A. Legal burdens. 7
i. Criminal
cases. 7
ii. Civil
cases. 8
B. Evidential burden.. 8
C. Criminal standard of proof 9
D. Civil standard of proof 9
4. Proof
without evidence. 9
A. Presumptions. 9
B. Judicial notice. 10
C. Formal admissions. 10
i. Section
65B- Proof by written statement 10
ii. Section
65C - Proof by formal admission. 11
5. Division
of functions between judge and jury. 12
A. Questions of law and fact 12
B. The voir dire and
challenges to admissibility. 12
C. Sufficiency of evidence. 12
6. Witnesses
(1) – Competence and compellability. 13
A. Parties to proceedings-
Accused and co-accused.. 14
B. Spouse. 14
C. Children.. 14
D. Miscellaneous cases
(diplomats, persons of unsound mind etc) 15
7. Witnesses
(2) – Character. 15
A. Relevance. 15
B. Bad character 15
C. Good character 16
8. Witnesses
(3) – General. 19
A. Examination in chief 19
B. Cross examination.. 20
C. Corroboration.. 20
i. Protection of vulnerable witnesses. 21
ii. Television
link. 21
iii. Video
Recording. 22
iv. Depositions
in writing. 23
D. Warnings for special
witnesses in criminal cases. 24
9. Course
of evidence. 25
A. Rule against prior
consistent statements. 25
B. exceptions to rule against
prior consistent statements. 25
C. Refreshing memory. 26
D. Hostile witnesses. 26
E. Prior inconsistent
statements. 27
F. Collateral questions/
Finality rule. 28
G. Evidence in rebuttal 28
10. Opinion
Evidence. 28
A. Non-expert opinion evidence. 28
B. Expert opinion evidence. 29
C. Ultimate issues. 29
11. The
Rule Against Hearsay. 29
A. Development of the rule and
rationale. 29
B. General principles. 30
C. Exceptions. 30
12. Admissions
and confessions. 31
A. Definitions. 31
B. Oppression.. 31
C. Voluntariness. 32
D. Unreliability. 33
E. Implication of co-accused.. 33
F. Derivative evidence. 33
G. Mixed statement rule. 34
13. Evidence
unfairly or illegally obtained.. 34
A. The common law.. 34
B. Statute. 34
C. Human rights. 34
D. Judicial discretion as to
prejudicial effect and fairness. 35
14. Privilege. 36
A. General principles. 36
B. Legal professional
privilege. 36
C. Privilege against
self-incrimination.. 36
D. Marital privilege. 37
15. Identification Evidence. 31
A. The General Rule . 31
B. Proof of Identity of the Accused. 31
C. Visual Identification. 31
D. Weight of Evidence of Visual Identification. 31
16. Similar Fact Evidence. 31
A. The General Rule (The Shield) . 31
B. Similar Facts to Rebut Defence. 31
C. Instances where Similar Fact Evidence is Admissible . 31
D. Similar Fact and Corroboration. 31
E. Evidence of Fact connected with the Offence. 31
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