15 Jul 2011
VIVIEN FAN AND OTHERS v. HKSAR
- Citation
- VIVIEN FAN AND OTHERS v. HKSAR
- Court
- Court of Final Appeal
- Case number
- FACC7/2010
The Court held that the trial judge's failure to identify and explain which documents were admitted and relied upon under the co-conspirators rule constituted a material misuse that rendered the conspiracy trials unfair; the proviso did not apply because the convictions were not shown to be inevitably correct on properly admitted evidence; consequently all conspiracy convictions were quashed. The related conviction for false statement by a director was also quashed because the Court of Appeal failed to re-examine trial findings in light of quashed related convictions and motives.