Women and Justice: Court: Court of First Instance

Domestic Case Law

HKSAR v. Hoque Court of First Instance (2014)

Sexual violence and rape

The court considered the issues of open justice, fair trials, and the right of the accused to confront the accuser. The prosecution in a rape case applied to the court for orders permitting the complainant to leave the courtroom without going through the public gallery and to give her evidence behind a screen so that she would be shielded from view by members of the public gallery.  The defendant opposed the application for the screen, claiming that it would be prejudicial to him.  The Court of First Instance held that the use of the screen to shield the witness from the public did not infringe on the right of an accused to confront the accuser, since the screen did not shield the complainant from the defendant.

HKSAR v. C.Y.L. Court of First Instance (2015)

Sexual violence and rape, Statutory rape or defilement

The defendant pleaded guilty to having sexual intercourse with his daughter, a minor. The daughter became pregnant as a result and the child was adopted.. The judge commended the daughter for reporting the offense, despite the defendant’s attempt to persuade her not to. The defendant was sentenced to six years and eight months in prison.