Treatment of vulnerable witnesses

Treatment of vulnerable witnesses 

Several special measures are implemented to protect vulnerable witnesses from having to face the perpetrator directly when giving evidence at court. 

Live television link 

In cases of sexual abuse, cruelty, reporting of child abuse or assault, the court may permit a child (who is not the defendant) to give evidence via a live video link. This is designed to dispense with the “eyeball to eyeball” court confrontation. 

Video recorded testimony 

A video recording of an interview between a child and an authorized adult (defined specifically as a police officer or a government-employed social worker or clinical psychologist) relating to matters in issue may be admitted as evidence with leave of the court. This recording acts as a substitute for examination-in-chief. 

Screens, support persons, and special passageways 

The court may permit the use of screens to shield the witness from the defendant or public and may provide a support person during the giving of evidence. The court may also approve the use of designated routing within the court building to ensure the witness does not encounter the defendant or his associates. 

Evidence by deposition 

The magistrate may take a deposition in writing from a child witness before a trial begins if a trial cannot be heard without unavoidable delay or if exposure to a full trial would endanger the child's physical or mental health. 

Statutory definition of a child 

For protective purposes under the Criminal Procedure Ordinance (Cap. 221), “child” has specific age thresholds: 

• Sexual abuse offences: A person under 17 years of age (or under 18 if a video recording was made when they were under 17). 

• Other specified offences: For offences involving cruelty or assault, a person under 14 years of age (or under 15 if a video recording was made when they were under 14).