HKSAR v. HUI RAFAEL JUNIOR , also known as HUI SI-YAN RAFAEL AND OTHERS

HKSAR v. HUI RAFAEL JUNIOR , also known as HUI SI-YAN RAFAEL AND OTHERS

Counts 1, 6 and 8 are sufficiently connected to the other counts and the evidence of D1's non-disclosure is relevant and admissible as contextual background and to D1's state of mind; any potential prejudice to co-defendants can be addressed by emphatic judicial directions and the inclusion of those counts does not render the trial unmanageable, therefore severance is refused.

Citation
HKSAR v. HUI RAFAEL JUNIOR , also known as HUI SI-YAN RAFAEL AND OTHERS
Parties
Respondent: HKSAR; 1st Defendant: HUI Rafael Junior also known as HUI Si-yan Rafael; 2nd Defendant: KWOK Ping-kwong Thomas; 3rd Defendant: KWOK Ping-luen Raymond; 4th Defendant: CHAN Kui-yuen also known as Thomas CHAN; 5th Defendant: KWAN Francis Hung-sang also known as Francis KWAN
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
7 April 2014
Case Number
HCCC98/2013
Procedural Posture
Criminal Pre Trial Severance Application / Pre Trial Application to Sever Counts Under S23(3) of the Criminal Procedure Ordinance
Outcome
Application to sever Counts 1, 6 and 8 refused; indictment not severed
Legal Topics
Severance, Joinder of Counts, Misconduct in Public Office, Non Disclosure, Admissibility, Prejudice to Co Defendants, Jury Directions, Contextual Background Evidence
Source Language
EN
Criminal Law Criminal Procedure Public Law Evidence Law Severance Joinder of Counts Misconduct in Public Office Non Disclosure +4 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 6 Authorities cited 11 Party arguments 2 Amounts and remedies 8
Sign in to unlock

Parties

HKSAR

Respondent

HUI Rafael Junior also known as HUI Si-yan Rafael

1st Defendant

KWOK Ping-kwong Thomas

2nd Defendant

KWOK Ping-luen Raymond

3rd Defendant

CHAN Kui-yuen also known as Thomas CHAN

4th Defendant

KWAN Francis Hung-sang also known as Francis KWAN

5th Defendant

Procedural Posture

Criminal Pre Trial Severance Application / Pre Trial Application to Sever Counts Under S23(3) of the Criminal Procedure Ordinance

Legal Issues

  1. 1 Whether Counts 1, 6 and 8 should be severed from the indictment under s23(3) of the Criminal Procedure Ordinance
  2. 2 Whether evidence of non-disclosure by D1 is admissible and sufficiently probative as contextual background to other counts
  3. 3 Whether inclusion of non-disclosure counts would prejudice or embarrass co-defendants and whether that prejudice can be cured by jury directions

Ratio Decidendi

Counts 1, 6 and 8 are sufficiently connected to the other counts and the evidence of D1's non-disclosure is relevant and admissible as contextual background and to D1's state of mind; any potential prejudice to co-defendants can be addressed by emphatic judicial directions and the inclusion of those counts does not render the trial unmanageable, therefore severance is refused.

Court Disposition

Application to sever Counts 1, 6 and 8 refused; indictment not severed

Orders

  • Severance application declined
  • Reporting of this judgment and its content restricted until conclusion of the trial in accordance with the Court's order of 25 March 2014