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3. Can the parties adduce fresh evidence in the appeal? If so, how?

Generally in Hong Kong, an appeal is not a re-trial which the case goes back to square one and all parties re-argues the case afresh.  In our common law system, the appellate court’s focus is whether there are palpable errors in the lower court’s decision, and it will not hear witnesses’ evidence or receive evidence afresh. 


Therefore, in order to adduce fresh evidence in the appeal, the party must apply for leave from the appellate court and he must fulfil the three conditions laid down in Ladd v Marshall [1954] 1 WLR 1489:


  1. the relevant evidence could not have been obtained at the trial with reasonable diligence;
  2. the relevant evidence would have a very important effect on the case; and
  3. the relevant evidence is presumably to be believed.