HKSAR v. TSE HIU FUNG AND OTHERS

HKSAR v. TSE HIU FUNG AND OTHERS

The application to consolidate was dismissed because, given the proximity of the existing trial dates and the lack of a sufficient material change in circumstances, the prosecution failed to justify vacating milestone trial dates under Practice Direction 9.3; the cited precedents and projected facility improvements did not avail for the proposed period, and consolidation would cause disproportionate prejudice to defendants through disruption of counsel diaries and increased public health risk.

Citation
[2022] HKDC 261
Parties
Prosecution: HKSAR; Defendant: CHEUNG WAI CHING; Defendant: CHEUNG HOI YAN; Defendant: CHEUNG MING YIN; Defendant: LAM CHEUK HIN; Defendant: FUNG HO HIN; Defendant: HO MUN HANG; Defendant: CHENG HIU YUNG; Defendant: LEUNG MAN LOK IVAN; Defendant: TSE TSZ KIN; Defendant: LI WING YAN; Defendant: SO KA YUK TRACY; Defendant: TSE HIU FUNG; Defendant: FUNG KI; Defendant: TSANG HIN KA; Defendant: WONG YUK CHEUNG; Defendant: LAU YIN SHEUNG; Defendant: YAU SIN YU; Defendant: FAN YU
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
25 March 2022
Case Number
DCCC237/2021
Procedural Posture
Criminal / Pre Trial (application for Consolidation)
Outcome
Application dismissed
Legal Topics
Riot, Assaulting a Police Officer, Consolidation of Trials, Case Management, Adjournment, Public Health Considerations
Source Language
EN
Criminal Law Court Procedure Riot Assaulting a Police Officer Consolidation of Trials Case Management Adjournment Public Health Considerations

Case Brief

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Parties

HKSAR

Prosecution

CHEUNG WAI CHING

Defendant

CHEUNG HOI YAN

Defendant

CHEUNG MING YIN

Defendant

LAM CHEUK HIN

Defendant

FUNG HO HIN

Defendant

HO MUN HANG

Defendant

CHENG HIU YUNG

Defendant

LEUNG MAN LOK IVAN

Defendant

TSE TSZ KIN

Defendant

LI WING YAN

Defendant

SO KA YUK TRACY

Defendant

TSE HIU FUNG

Defendant

FUNG KI

Defendant

TSANG HIN KA

Defendant

WONG YUK CHEUNG

Defendant

LAU YIN SHEUNG

Defendant

YAU SIN YU

Defendant

FAN YU

Defendant

Procedural Posture

Criminal / Pre Trial (application for Consolidation)

Legal Issues

  1. 1 Whether to consolidate two separate trials into one mass trial
  2. 2 Whether there is sufficient justification or material change in circumstances to vacate milestone trial dates under Practice Direction 9.3
  3. 3 Whether precedent and improved court facilities justify late consolidation

Ratio Decidendi

The application to consolidate was dismissed because, given the proximity of the existing trial dates and the lack of a sufficient material change in circumstances, the prosecution failed to justify vacating milestone trial dates under Practice Direction 9.3; the cited precedents and projected facility improvements did not avail for the proposed period, and consolidation would cause disproportionate prejudice to defendants through disruption of counsel diaries and increased public health risk.

Court Disposition

Application dismissed

Orders

  • Prosecution's application for consolidation of DCCC 239/2021 and DCCC 237/2021 is dismissed