8 Sept 2006
HKSAR v. LING YEUNG AND OTHERS
- Citation
- HKSAR v. LING YEUNG AND OTHERS
- Court
- Court of Appeal
- Case number
- CACC378/2005
The Court allowed the appeals because the trial judge erred in treating the defence radar expert evidence as having no value and the late disclosure of the police radar plot (and the absence of earlier records due to police retention policy) left open a real and material inference that the sampans were on a return course from Dangan; accordingly the convictions on the conspiracy charge were unsafe and were quashed. In light of that, the Court reduced the sentences for assisting unauthorised entry (D2 and D7) to terms enabling immediate release subject to detention pending repatriation.