HKSAR v. LO WAI MAN AND ANOTHER

HKSAR v. LO WAI MAN AND ANOTHER

Convictions were set aside because the prosecution failed to disclose a prior conviction of the principal witness which could have materially affected assessment of credibility; however, a retrial was ordered because the seriousness of the offences and the overall circumstances did not preclude trial in the public interest.

Citation
HKSAR v. LO WAI MAN AND ANOTHER
Parties
Respondent: HKSAR; 1st Appellant: LO WAI MAN; 2nd Appellant: CHAN CHI WAI
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
23 October 2002
Case Number
HCMA655/2002
Procedural Posture
Magistracy Appeal (criminal) / Appeal Hearing and Judgment in Court of First Instance (appellate Jurisdiction)
Outcome
Appeal allowed; convictions set aside; retrial ordered; costs awarded to appellants.
Legal Topics
Perverting the Course of Public Justice, Driving With Excess Alcohol, Retrial, Witness Credibility, Non Disclosure of Prior Conviction
Source Language
EN
Criminal Law Evidence Procedure Perverting the Course of Public Justice Driving With Excess Alcohol Retrial Witness Credibility Non Disclosure of Prior Conviction

Case Brief

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Parties

HKSAR

Respondent

LO WAI MAN

1st Appellant

CHAN CHI WAI

2nd Appellant

Procedural Posture

Magistracy Appeal (criminal) / Appeal Hearing and Judgment in Court of First Instance (appellate Jurisdiction)

Legal Issues

  1. 1 Whether convictions were unsafe due to non-disclosure of the principal witness's earlier conviction affecting credibility
  2. 2 Whether a retrial should be ordered despite the appeal succeeding on disclosure grounds

Ratio Decidendi

Convictions were set aside because the prosecution failed to disclose a prior conviction of the principal witness which could have materially affected assessment of credibility; however, a retrial was ordered because the seriousness of the offences and the overall circumstances did not preclude trial in the public interest.

Court Disposition

Appeal allowed; convictions set aside; retrial ordered; costs awarded to appellants.

Orders

  • Convictions of both appellants set aside.
  • Matter returned to the magistracy for retrial.