| 单词 | Re-examination |
| 释义 | 覆問 Further questioning of a witness by the party who called the witness after cross-examination of the witness has been completed. The purposes of re-examination are to question the witness in order to allow the witness to clarify or explain matters arising in cross-examination to remove ambiguities and uncertainties or answers which may lead to a distortion of the account which the witness could give (R v St George (1840) 9 C & P 483), and to rehabilitate the credibility or character of the witness, and to enable him to explain what he had said in evidence during his cross-examination. No questions may be asked in re-examination which introduce wholly new matters except by leave of the court: Hong Kong Advanced Knitwear Co (a firm) v Chan Chak-man (t/a Hong Kong Handicraft Co) [1965] HKLR 355. Leading questions must not be asked during re-examination: Ireland v Taylor [1949] 1 KB 300. Re-examination must be conducted in like manner as at the trial of a cause or matter: The Rules of the High Court (Cap 4A) O 39 r 8(1). See also Cross-examination; Examination in chief. 由傳召證人的一方在完成盤問證人後進一步詢問證人。覆問的目的在於詢問證人問題以容許證人證清或解釋在盤問時產生的事宜，以解除可引致歪曲證人可作出的敘述的含糊及不確定之處 (R v St George (1840) 9 C & P 483)，及恢復證人的可信性或人格，及容許他解釋在盤問時所述的證據。除得到法院許可外，不可在覆問時問全新提出的問題：Hong Kong Advanced Knitwear Co (a firm) v Chan Chak-man (t/a Hong Kong Handicraft Co) [1965] HKLR 355。在覆問時必不可問引導性的問題：Ireland v Taylor [1949] 1 KB 300。覆問須與審訊一宗訟案或事宜時所進行者相類：《高等法院規則》（第4A章）第39號命令第8(1)規則。另見 Cross-examination; Examination in chief。 |
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