PCLL Conversion Notes  PCLL Conversion Notes - HK Evidence Law

What's in the Hong Kong Evidence Law Notes & Model Exam Answers (Past Paper Answers)?

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

D. The Shield.. 17

E. Losing the Shield.. 17

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

 

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