HKU Law Collaborates with INTERPOL on the Use of Digital Evidence in Prosecutions in Asia (Report and Training)

The Use of Digital Evidence in Prosecutions in Asia

INTERPOL

February 2022
Executive Summary

Digital evidence has become an essential element of criminal investigations and prosecutions for all types of crimes. This research report by The University of Hong Kong, commissioned by the International Criminal Police Organisation, is a study of the laws governing the use of digital evidence in criminal cases in nine beneficiary countries in Asia, namely the People’s Republic of Bangladesh, the Kingdom of Bhutan, Brunei Darussalam, the Kingdom of Cambodia, the Republic of Maldives, Mongolia, the Federal Democratic Republic of Nepal, the Democratic Socialist Republic of Sri Lanka, and the Socialist Republic of Vietnam. The report also studies the existing legal arrangements that enable these countries to request and obtain digital evidence from abroad in cross-border cases.

      All nine countries are members of the Asia/Pacific Group on Money Laundering, five are members of the South Asian Association for Regional Cooperation (SAARC), four are members of The Commonwealth, and three are members of the Association of Southeast Asian Nations (ASEAN). Six of the countries have mixed common law legal systems, while the other three have civil law systems. The evidence laws of four of the mixed common law jurisdictions are based on or influenced by the Indian Evidence Act of 1872.

     This study has found that the laws and practices in all nine countries generally favour the admissibility and use of digital evidence in criminal cases. No instance was found of a court rejecting digital evidence merely on the grounds that the evidence was in a digital form... Click here to download the full summary.  Professor Simon Young led the HKU research team responsible for preparing the research report.  In May 2022, Professor Young and his team helped to organise the training of prosecutors and police across nine Asian countries in INTERPOL's e-Evidence Programme for Prosecution (Module 2: Legal framework on e-Evidence admissbility).

Amanda Whitfort et al on Wildlife Forensic Science in Hong Kong (Wires Forensic Science)

"Wildlife forensic science in Hong Kong"

Chloe E. R. Hatten, Amanda Whitfort , David M. Baker , 

Caroline Dingle

Wires Forensic Science 

Published in June 2020

Abstract: In the past decade, Hong Kong has seen an increase in volume and diversity of endangered wildlife imported through its borders. Recent amendments to legislation concerning wildlife crimes in Hong Kong allow for increased sentencing and prosecution of the crimes. This calls for an increased forensic capacity to aid enforcement efforts. Wildlife forensic science in Hong Kong is generally performed ad hoc via a confidential tender‐application process. Additionally, minimal communication between forensic scientists, the prosecution and the judiciary on the use and production of wildlife forensic analyses has compounded the problem of wildlife crimes not being addressed as “serious” crimes. Improving communication and collaboration between relevant stakeholders, including the development of a wildlife forensic reference database, shared forensic practices, and shared information concerning expertise and analyses available within Hong Kong, would provide benefits to wildlife crime investigations. This article addresses some of these concerns in more detail and provides suggestions for improvements to the overall wildlife forensic capacity in Hong Kong. Increasing Hong Kong's capacity for wildlife forensic science will not only facilitate law enforcement efforts but also help to change Hong Kong's status as a regional hub for wildlife trade to one for excellence in wildlife crime deterrence.