By Arthur Chan and Jasmine Kwong
Hong Kong 2 July 2026: After years of deliberation, steps are being taken to reform the rule against hearsay in criminal proceedings in Hong Kong. The move has been widely welcomed by professional legal bodies, academics and the Judiciary as being in the best interests of justice.
The Evidence (Amendment) Bill 2026 has been introduced to the Legislative Council and, subject to the standard scrutiny and debate, is expected to be passed into law in the coming months. Once implemented, it will be a significant milestone in the development of the common law in Hong Kong.
Under current regulations, hearsay evidence is generally inadmissible in court. Hearsay is defined as any out-of-court statement – oral, written, or assertive conduct – that is presented in court to prove the truth of the matters stated, making it second-hand information that cannot be directly cross-examined. There are specific exceptions where hearsay is admissible, such as banker’s records, formal public documents, or statements made by individuals who are deceased or unfit to testify, but these are strictly limited.
A major criticism of the hearsay rule is that it is rigid and inflexible, and sometimes results in the exclusion of evidence which, by the standards of ordinary life, could be regarded as convincing and reliable. In addition, some of the present exceptions to the rule are complex and uncertain.
The 2026 Bill seeks to address these issues. Apart from preserving certain common law and statutory rules and exceptions governing admissibility of hearsay evidence, it is proposed that hearsay evidence may be admitted if both prosecution and defence agree, if no party opposes its admission, or if the court grants permission upon certain conditions being satisfied in the event of opposition.
These conditions include necessity (for example, where a witness is unfit to testify because of their age, physical or mental condition), threshold reliability (which requires the court to consider various factors to ensure that the accuracy of the evidence is reasonably assured), and whether it is in the interests of justice to do so (the probative value of the evidence is greater than any prejudicial effect it may have).
It has taken some years to reach this point. The Law Reform Commission of Hong Kong published a report in November 2009 recommending that the hearsay rule be reformed via a detailed legislative scheme. A bill reflecting those recommendations was eventually introduced in 2018 but lapsed due to insufficient time to complete its passage through LegCo.
Following that setback, the Department of Justice conducted a comprehensive review. In December last year, it issued a consultation paper together with a draft of the 2026 Bill to various stakeholders, including the Judiciary, legal professional bodies and university law schools, for feedback. In particular, detailed comments and suggestions were provided by the Hong Kong Bar Association and the Law Society of Hong Kong, and some of these have been included in the 2026 Bill.
From the point of view of criminal law practitioners, the proposed amendments are welcome and sensible. The 2026 Bill introduces a number of improvements, including conferring on the court greater procedural discretion and refining the mechanism for the exclusion of hearsay evidence admitted with the court’s permission. These measures not only safeguard the defendant’s right to a fair trial, but mark an appropriate and timely reform of Hong Kong’s criminal evidence law that is in line with international developments.
Finally, anyone subject to a criminal investigation is strongly recommended to seek legal advice at the earliest opportunity. At BC&C, we have extensive experience advising and representing clients from the outset, providing comprehensive legal counsel and guidance on cases, including on court proceedings and admission of evidence. We are here to ensure that an individual’s rights are fully protected at every stage.
Arthur Chan is a Partner with BC&C. He specialises in Criminal Litigation, being a Recommended Criminal Lawyer in the Doyles Guide rankings, and has a strong record in cyber fraud recovery claims. As well, he develops a broad range of civil and commercial litigation such as immigration, personal injuries and employment issues. He can be contacted at Arthur@boasecohencollins.com.
Jasmine Kwong is an Associate Solicitor at BC&C, developing her practice in both criminal and civil litigation. She is involved in cases across various areas of law, including fraud recovery claims, contractual disputes, employees’ compensation, personal injury claims, defamation, and matrimonial matters. She can be contacted at jasmine@boasecohencollins.com.
