香港特別行政區 訴 張志旺

香港特別行政區 訴 張志旺

Given the seriousness of the offence and the overall evidence (including co-accused testimony) the Court of Appeal held that a retrial on the original charge is compatible with judicial fairness and ordered the case remitted to the High Court for retrial before a different judge; the applicant to remain in custody...

Source-derived case information.

Citation
[2021] HKCA 719
Parties
Applicant: 張志旺 (Cheung Chi Wong); Respondent: 香港特別行政區 (HKSAR)
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
25 May 2021
Case Number
CACC40/2017
Procedural Posture
Criminal Appeal Against Conviction / Court of Appeal Allowed Appeal Against Conviction and Remitted Case for Retrial Before a Different High Court Judge
Outcome
Conviction quashed on appeal; case remitted to the High Court for retrial on the original indictment before another judge; applicant remanded in custody pending retrial.
Legal Topics
Conspiracy to Import Controlled Drugs, Retrial, Jury Conviction, Remittal
Source Language
ch
Criminal Law Appellate Procedure Procedural Fairness Conspiracy to Import Controlled Drugs Retrial Jury Conviction Remittal

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Parties

張志旺 (Cheung Chi Wong)

Applicant

香港特別行政區 (HKSAR)

Respondent

Procedural Posture

Criminal Appeal Against Conviction / Court of Appeal Allowed Appeal Against Conviction and Remitted Case for Retrial Before a Different High Court Judge

  1. 1 Whether a retrial on the original indictment should be ordered after the Court of Appeal quashed the conviction
  2. 2 Whether ordering a retrial would be contrary to the requirements of judicial fairness and would prejudice the applicant
  3. 3 Whether the available evidence justifies ordering a retrial

Ratio Decidendi

Given the seriousness of the offence and the overall evidence (including co-accused testimony) the Court of Appeal held that a retrial on the original charge is compatible with judicial fairness and ordered the case remitted to the High Court for retrial before a different judge; the applicant to remain in custody pending retrial.

Court Disposition

Conviction quashed on appeal; case remitted to the High Court for retrial on the original indictment before another judge; applicant remanded in custody pending retrial.

Orders

  • Remit the case to the High Court (Trial Division) for retrial on the original charge before a different judge
  • Applicant to remain in custody pending arrangements for retrial