First witness gives video link evidence

1 Photo


Officers from the Liaison Bureau have assisted their counterparts in the Kent Police in the UK with a live video link to enable a witness to give evidence in Hong Kong for a murder trial being held in England.

This case has two special features: it was the first time a witness had given evidence via a video link since the Hong Kong agreement on mutual legal assistance came into effect in March 2006, and it was also one of few cases the relevant UK law was invoked against a UK national for a murder committed outside the physical jurisdiction of the UK.

"The case was complicated by the fact that the witness is currently residing in China and reluctant to travel back to the UK to testify. Seeking Hong Kong's assistance to facilitate giving evidence in court through video link immediately came to our mind as a viable option because of Hong Kong's contiguity with the Mainland and because Hong Kong possesses the most professional judicial system in the region," said Detective Inspector Ian Nundy from the Kent Police.

Detective Senior Inspector Tobi Lothian from the Liaison Bureau commented: "This was the first time such a live video link had taken place after the law came into effect. Previously, when a live video link was required, it was done on a Police-to-Police basis and conducted in an office without a Magistrate. This time it was conducted in the High Court's Technology Court, with a Magistrate presiding over."

Detective Inspector Nundy and his colleague, Woman Detective Sergeant Jo Bird, came to Hong Kong the week before to assist with the logistics and meet with officials from the Mutual Legal Assistance Unit to ensure the procedure went smoothly.

"We are very happy with the assistance we have received from the Department of Justice and Hong Kong Police, especially from Detective Senior Inspector Lothian and his team in Liaison Bureau in settling the witness whilst in Hong Kong as well as explaining to her the procedure in giving evidence before a Magistrate. This certainly demonstrates the professionalism of the Hong Kong Police and their excellent co-operation with the UK Police."

The murder trial began approximately a week before the witness testified and due to the time difference between Hong Kong and the UK, the video link did not begin until late on a Friday afternoon. The whole process was not without hiccup when a jury member was taken ill half way through the witness's testimony. The case was adjourned until the following Monday afternoon when the testimony was successfully completed.

The defendant was sentenced to life imprisonment on August 6 at the UK trial.

From left: DSIP Tobi Lothian, Woman Detective Sergeant Jo Bird, Detective Inspector Ian Nundy, and Detective Senior Police Constables Yip Chi-keung and Ng Pong-ming, both from Liaison Bureau


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