c. Children as witnesses

c. Children as witnesses

There is no general rule prohibiting children of any age to give evidence in Court. Section 4 of the Evidence Ordinance (Cap. 8) provides that a child’s evidence shall be given unsworn. It has however been held that the Court must still ensure that the child understands the importance of telling truth.

If they are competent, they are also compellable witnesses.

Ways in which children may give evidence

(1) Live link evidence

Children who are competent witnesses will give evidence in Court in the usual manner. However, in proceedings of specific offences, children under a certain age can give evidence or be examined by a live television link.

Section 79C of the Criminal Procedure Ordinance (Cap. 221) provides that:

• In proceedings of an offence of sexual abuse, a child under 17 years old can give evidence or be examined by a live television link.
• In proceedings of an offence of cruelty, or an offence involving assault, injury, or threat of injury to a person, a child under 14 years old can give evidence or be examined by a live television link.

(2) Video recorded evidence

Section 79C of the Criminal Procedure Ordinance (Cap. 221) also provides the exception allowing a video recording of the child to be adduced as evidence. However, the Court retains the discretion to direct any part of the recording to be excluded if it is in the interests of justice to do so. Even if the video recording is adduced as evidence, the child should still be subject to cross-examination by the defence. 

(3) Deposition

The other exception is in sections 70 and 73 of the Evidence Ordinance (Cap. 8). If it is an urgent case, or if the exposure of the child to a full trial would endanger the physical or mental health of the child, a deposition may be taken from the child as evidence.