11 Sept 2003
HKSAR v. WU WAI-FUNG AND ANOTHER
- Citation
- HKSAR v. WU WAI-FUNG AND ANOTHER
- Court
- Court of Appeal
- Case number
- CACC365/2000
The trial judge failed properly to exercise the discretionary power under Rule 13(2) to exempt D1 from the contribution requirement; given the gravity, complexity and likely procedural difficulties of the trial and the inability of judicial assistance to substitute for counsel, D1's unrepresented trial was unfair; therefore D1's convictions were unsafe and were quashed with a retrial ordered; D2's appeal was dismissed as his trial was not prejudiced by D1's lack of representation.