4 Jun 2024
HKSAR v. LAM TSZ KIN, KENT AND ANOTHER
- Citation
- [2024] HKCA 192
- Court
- Court of Appeal
- Case number
- CACC94/2022
D1's challenge to conviction based on failure to leave an s.37 alternative was not reasonably arguable because the defence was duress rather than a factual case limited to permitting use of premises; leave to appeal against conviction for D1 was refused. D3's grounds that mere presence and lack of primary facts made the inference of conspiracy unsafe were reasonably arguable: leave to appeal against conviction was granted on grounds 1,2 and 4; leave on ground 3 (alleged discrediting) was refused. Leave to appeal against sentence was granted to D3 out of time and legal aid was provided.