“Upon meticulous examination of X’s phone at the police station, junior counsel Mr Chan discovered from the file system of X’s phone that a copy of the photo was actually stored in the WhatsApp 'sent folder', therefore suggesting that the photo had been sent out via WhatsApp from X’s phone.”
Mr Gordon Chan is much honoured to be mentioned by HKU Law Faculty in their latest August issue newsletter for a peculiar case that he represented pro bono involving technology and digital evidence. This is an interesting but difficult area of law with so much-uncharted territory.
After much team effort of research and investigation, the defendant’s conviction in 2019 for raping his maid was quashed. In the end, the judgment handed down by the Court of Appeal in [2022] HKCA 1073 clarified important legal principles on the admissibility of digital photos stored in devices such as smartphones.
In the featured article, Mr Chan was recognised for his meticulous work in examining the maid’s phone, which has been seized by the police in 2017. In it, Mr Chan discovered photos and metadata that were previously unknown, which kickstarted a line of enquiry ultimately leading to a successful appeal.
Mr Gordon Chan is delighted to be able to contribute his experience in technology and digital devices in this important case.
Gordon Chan, Esq
Barrister-at-law, Archbold Hong Kong Editor on Public Health, and Member of the Bar Association's Committee on Criminal Law and Procedure. Specialised in medical, technology and criminal law.
