15 Jul 2011
HKSAR v. VIVIEN FAN
- Citation
- HKSAR v. VIVIEN FAN
- Court
- Court of Final Appeal
- Case number
- FACC8/2010
The co‑conspirators rule was misused at trial because the judge relied on unidentified documents and elevated a witness's opinion of a 'common understanding' into proof of agreement; that misuse rendered the conspiracy trials unfair and the proviso could not be applied to salvage the convictions; consequently all conspiracy convictions were quashed. Donald Koo's remaining false‑statement conviction also had to be quashed because the Court of Appeal failed to review the trial findings in light of quashed related convictions. The court further held that a non‑director employee has no general cr…