5 Nov 2007
TING JAMES HENRY v. HKSAR
- Citation
- TING JAMES HENRY v. HKSAR
- Court
- Court of Final Appeal
- Case number
- FACC4/2007
The Court held that while s.83E permits retrial for offences as set out in the indictment, the interests of justice do not require a retrial in this case: the prosecution materially shifted the manner of advancing gain/loss after trial and the resulting delay, prejudice, evidential difficulties and public interest considerations meant the disadvantages of a retrial outweigh its advantages; accordingly the appeal is allowed and no retrial is ordered.