THE QUEEN v. WONG HUNG FUNG

THE QUEEN v. WONG HUNG FUNG

The appeal is allowed because the trial solicitor flagrantly breached the appellant's clear instructions on two material points by failing to put the appellant's case to the key witness and by making concessions without instructions; that failure rendered the trial unfair and the conviction unsafe, and because a...

Source-derived case information.

Citation
THE QUEEN v. WONG HUNG FUNG
Parties
Prosecution: THE QUEEN; Appellant/defendant: WONG Hung-fung
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
22 November 1990
Case Number
HCMA772/1990
Procedural Posture
Magistracy Criminal Appeal / Appeal Against Conviction (judgment)
Outcome
Appeal allowed; conviction quashed
Legal Topics
Aiding and Abetting, Illegal Immigration, Ineffective Assistance of Counsel, Fresh Evidence, Retrial
Source Language
en
Criminal Law Immigration Law Evidence Professional Negligence/advocacy Aiding and Abetting Illegal Immigration Ineffective Assistance of Counsel Fresh Evidence +1 more

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Parties

THE QUEEN

Prosecution

WONG Hung-fung

Appellant/defendant

Procedural Posture

Magistracy Criminal Appeal / Appeal Against Conviction (judgment)

Legal Issues

  1. 1 Whether trial advocate flagrantly breached instructions by failing to put appellant's case to key witness
  2. 2 Whether conviction is unsafe because the appellant's two material particulars were not put to the magistrate
  3. 3 Admissibility and effect of fresh evidence

Ratio Decidendi

The appeal is allowed because the trial solicitor flagrantly breached the appellant's clear instructions on two material points by failing to put the appellant's case to the key witness and by making concessions without instructions; that failure rendered the trial unfair and the conviction unsafe, and because a retrial was not possible due to the key witness having returned to China the conviction is set aside.

Court Disposition

Appeal allowed; conviction quashed

Orders

  • Appeal allowed
  • Conviction set aside