12 Jul 2016
HKSAR v. TSE HIN-YEUNG
- Citation
- HKSAR v. TSE HIN-YEUNG
- Court
- Court of Appeal
- Case number
- CACC200/2014
The judge's failure to give a Mushtaq direction in respect of the alleged confessions and failure to direct the jury that if the defendant's evidence is or may be true the defendant must be acquitted were material irregularities going to the heart of the defence; those irregularities rendered the conviction unsafe, requiring quashing of the conviction and ordering of a retrial.