Evidence

Death penalty cases rife with evidence flaws

Inconsistent standards of evidence and inadequate defence are among the shortcomings of death penalty cases, the deputy chief of the nation's highest court told a criminal defence conference in Beijing at the weekend.

Wednesday, 11 January, 2012, 12:00am

Overhaul for law on criminal process

Extensive changes will be made to the mainland's Criminal Procedure Law according to a draft revision submitted to the National People's Congress Standing Committee yesterday.

25 Aug 2011 - 12:00am

A spirited team effort

In another second-round debate on the same motion, China Holiness Church Living Spirit College edged out Po Leung Kuk Wu Chung College, thanks to their better presentation skills and strong rebuttals.

The winner took the negative side in the debate held on April 19 at Wu Chung College.

30 Apr 2010 - 12:00am

Cigarette smuggling case to run its course

The prosecution of a cigarette smuggling case will not be halted, a District Court judge has ruled in response to doubts cast on the evidence.

Defence teams had contested the legality of the investigation, arguing that evidence collected with a bugging device installed by graft busters should be ruled inadmissible because it violated the Basic Law.

20 Nov 2007 - 12:00am

Court urged to quash snooping convictions

Two convictions gained on the basis of covert surveillance should be quashed because the practice is unlawful, the Court of Appeal was told yesterday.

It was the second case involving snooping to come before the court since the Court of Final Appeal ruled earlier this month that covert surveillance is unconstitutional.

26 Jul 2006 - 12:00am

Capital leads way in fairer court rules

Beijing courts have begun implementing new rules on the presentation of evidence and testimonies.

The rules, issued by Beijing Higher People's Court yesterday, would be used in all Beijing courts, Xinhua said.

The capital was the first mainland city to implement the 149 new articles, aimed at boosting efficiency and impartiality in trials, the agency said.

2 Oct 2001 - 12:00am

Footballers' 'confessions' admissible

Taped alleged confessions by three soccer players accused of throwing a World Cup qualifier yesterday were ruled admissible as evidence.

Magistrate Robert McNair said there was no evidence to suggest fear, trickery or inducements were used to extract statements from Kevin Lok Kar-win, 25, Chan Chi-keung, 28, and Wai Kwan-lun, 23.

12 Feb 1999 - 12:00am

I lied about sexual abuse by father, says girl

A teenager who has refused to answer questions in the sex abuse trial of her father said yesterday she lied to police.

The girl, 17, agreed with defence lawyer James McGowan that accusations she made to police were untrue.

Prosecutor Andrew Raffell said he was puzzled by this evidence, which he suggested contradicted parts of her earlier testimony.

22 Apr 1998 - 12:00am

Legal right to reveal secrets to inquiry

If immigration chief Laurence Leung Ming-yin wanted to divulge confidential material to the Legco inquiry into his departure he would be protected by law.

Mr Leung told hearings he encountered many obstacles during his last three years at the department.

13 Feb 1997 - 12:00am

Shortage of credible Holocaust evidence

IN her review of Theo Richmond's book Konin-A Quest ('Heading back to the future', South China Morning Post, December 30), Naomi Price contributes to the substantial body of misinformation surrounding the 'Holocaust' controversy.

9 Jan 1996 - 12:00am

Frightened witnesses to testify on screen

WITNESSES frightened of giving evidence are to be spared the ordeal of appearing in court and will be able to tell their story on closed-circuit television, the policy commitments revealed.

The move follows public concern over criminal cases which have collapsed because prosecution witnesses failed to give proper evidence.

12 Oct 1995 - 12:00am

Memory loss blamed on cash fear

WITNESSES in commercial dispute cases claim memory loss because they fear their businesses will suffer, legislators said.

The police witness protection scheme aimed only to protect witnesses from revenge in the form of violence, Democratic Party legislator Cheung Man-kwong said at yesterday's Legco security panel meeting.

11 Jul 1995 - 12:00am

30 cases affected by loss of memory

THIRTY cases were dropped in the past three years because key prosecution witnesses lost their memories or contradicted themselves in court, Mr Mathews said.

But courts were powerless to require witnesses to prove they suffered from memory loss, although they could be jailed for staying silent.

15 Jun 1995 - 12:00am

No penalties for witnesses, says law chief

THE Director of Public Prosecutions, Peter Nguyen, QC, said yesterday that he was virtually hamstrung from taking legal action against hostile witnesses accused of departing from prepared testimony.

Mr Nguyen said it would be extremely rare for him to seek judicial recourse in such matters.

26 May 1995 - 12:00am

Managing witnesses

THE pursuit of justice can be fraught with difficulties. Even the best constructed prosecutions depend on witnesses being prepared to testify to the same facts in court as they have previously set out in statements to the police and to their lawyers. Sadly, some witnesses change their minds.

26 May 1995 - 12:00am

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