Evidence given by children

Evidence given by children 

The laws governing evidence given by children are primarily found in the Evidence Ordinance (Cap. 8), supplemented by the Criminal Procedure Ordinance (Cap. 221) for specific criminal protocols. For all statutory purposes under the Evidence Ordinance, a child is defined as a person under 14 years of age. 

Competency 

A child witness is regarded as a competent witness unless the contrary is shown. Even if a child cannot articulate the importance of telling the truth, his evidence remains admissible. While the child does not take an oath, it is generally necessary for the judge to stress the importance of telling the truth. The specific manner in which the judge does this is a matter of judicial discretion. 

Unsworn evidence 

Evidence from a child in criminal proceedings must be given unsworn. Despite being unsworn, this evidence is capable of corroborating the evidence (sworn or unsworn) given by any other person. 

Sworn evidence 

In contrast to children, any witness over the age of 14 on the date of the hearing must give his oral evidence on oath or following a solemn declaration. 

Weight of evidence 

The weight attached to a child's evidence is determined by the court based on all circumstances from which inferences about accuracy can be drawn.  

If a child is unable to give intelligible testimony, the judge’s duty is generally to ensure that no weight is given to that evidence, rather than ruling it incompetent per se. 

The weight of a statement in a video recording is not automatically discounted simply because the child does not confirm its accuracy again in court. 

Court assistance 

In the Juvenile Court, the magistrate has a statutory duty to put to witnesses such questions as appear necessary in the interests of the juvenile. The court may also put questions to the juvenile defendant to assist him in his own defence.