Key Points
Hong Kong gazetted Evidence Bill 2026 on June 12 to reform hearsay rules.
New law allows courts to admit hearsay under specific conditions including necessity and party agreement.
Bill excludes national security cases from the new hearsay regime.
Reform follows 17-year effort by Law Reform Commission to balance procedural fairness with justice outcomes.
Hong Kong’s Department of Justice gazetted the Evidence (Amendment) Bill 2026 on June 12 to reform how courts handle hearsay evidence in criminal trials. The new law allows judges to admit hearsay statements under specific conditions, ending a 17-year effort to balance strict evidentiary rules with fair trial outcomes. The bill does not apply to national security cases.
What the Old Rule Required
Under Hong Kong’s common law hearsay rule, hearsay evidence was generally inadmissible in criminal proceedings unless it fell within narrow exceptions. The Law Reform Commission criticised this rule in a November 2009 report for being too rigid and excluding reliable evidence that could prevent injustice. The Government first introduced the Evidence (Amendment) Bill 2018 to implement the recommendations, but it lapsed due to insufficient legislative time.
How the New Bill Changes the Rules
The 2026 Bill allows hearsay evidence to be admitted in three scenarios: when both prosecution and defence agree, when no party opposes admission, or when the court grants permission after examining specific conditions. These conditions include necessity, such as when a witness is unfit to testify due to physical or mental reasons. The new regime applies to criminal proceedings but excludes cases involving national security.
Why the Delay Matters for Lawyers
The Department of Justice conducted a comprehensive review after the 2018 Bill failed, re-examining the Law Reform Commission’s recommendations and considering views from the 2017 consultation and Legislative Council deliberations. The 2026 Bill incorporates latest legal and policy developments, giving lawyers clearer guidance on admitting evidence in trials. Legal practitioners in Hong Kong will need to adapt to the new framework when the bill passes.
What Happens Next
The bill now goes to the Legislative Council for debate and passage. Once enacted, courts will apply the new hearsay regime to criminal cases, giving judges discretion to admit reliable evidence that the old rule would have excluded. This shift aims to improve trial fairness while maintaining procedural safeguards through judicial oversight.
Final Thoughts
Hong Kong’s Evidence Bill 2026 ends a 17-year reform effort by allowing courts to admit hearsay evidence under strict conditions. For lawyers, this means greater flexibility in presenting witness testimony while maintaining trial fairness through judicial oversight.
FAQs
Hearsay is an out-of-court statement presented by a witness at trial. It was previously excluded unless narrow exceptions applied, even when reliable and necessary for justice.
Courts may admit hearsay with both parties’ agreement, no opposition, or court permission based on necessity, such as witness unavailability due to illness or injury.
No. The bill applies to general criminal proceedings but excludes national security cases, which remain subject to existing rules.
Disclaimer:
The content shared by Meyka AI PTY LTD is solely for research and informational purposes. Meyka is not a financial advisory service, and the information provided should not be considered investment or trading advice.
About Author
Danny Kontos
Co FounderDanny Kontos has been a stock investor since 2007 and co-founded Meyka in 2023. He keeps a small, focused portfolio and only moves when the numbers are hard to argue with. He has waited years on a single position before. Before Meyka, he ran a web hosting company and a mortgage lending platform, so he knows what a well-run business actually looks like under the hood. This article did not come from a news cycle. It came from someone who has been watching this space for a long time.
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