Women and Justice: Keywords

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.