11 Aug 2014
香港特別行政區 訴 黃業明
- Citation
- 香港特別行政區 訴 黃業明
- Court
- Court of First Instance
- Case number
- HCMA583/2013
Although the trial judge’s factual findings and handling of witness credibility were within acceptable bounds and his interventions did not render the trial unfair, there was a procedural defect in the admission process for PW2 as an expert (no prior determination/appropriate explanation); combined with unresolved evidentiary concerns about site photos and related testing, the conviction could not be regarded as sufficiently safe and the appeal must succeed: conviction quashed and penalty set aside.