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Canada hearing for Edison Chen case criticised

Petti Fong

A team of five, including lawyers and a magistrate, will head to Canada this week from Hong Kong for a hearing to collect evidence from actor-singer Edison Chen Koon-hei, a key player in last year's celebrity sex-photos scandal. A lawmaker yesterday questioned the need for the trip, and its cost.

The hearing, which begins on Monday, will take place under Hong Kong law at the Supreme Court of British Columbia.

Chen, who fled to Canada at the height of the scandal a year ago and has stopped performing, has refused to return to give evidence. His testimony will be used in the trial of computer technician Sze Ho-chun, who denies aiding the distribution on the internet of photographs of Chen performing sex acts with actresses and female singers.

Civic Party lawmaker Ronny Tong Ka-wah, a barrister and former Bar Association chairman, criticised the overseas hearing as 'expensive and luxurious' when there was an easy and more economical way to collect evidence from the star.

'I find taking a deposition in a foreign court quite a drain on our resources. I estimate this will cost a few hundred thousand [Hong Kong] dollars, if not a million,' he said.

His figures include lawyers' fees and the cost of flights and accommodation.

He said it would be cheaper to set up a video link in a Hong Kong court to hear Chen's evidence.

The Department of Justice confirmed that it was paying all the expenses of the proceedings because the hearing was taking place at the request of the prosecution. It would not say how much those expenses were.

A spokesman said it would cover its own costs, those of the judiciary and the defendant's lawyers. Defence barrister Kelvin Lai, who will be flying to Canada with a solicitor on Saturday, said the government had provided a 'reasonable sum' by way of allowances for the trip.

Mr Lai said Chen would be cross-examined on the basis that Sze did not agree with his account of matters.

He said the hearing would be open to the press and public. It is scheduled for five days.

Canadian Supreme Court Justice Elaine Adair will preside at the hearing as commissioner. Hong Kong's chief magistrate, Tong Man - who will preside at Sze's trial - will be co-commissioner.

Prosecutor Hayson Tse Ka-sze declined to comment on the case.

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