30 Sept 2015
香港特別行政區 訴 馬志強
- Citation
- 香港特別行政區 訴 馬志強
- Court
- Court of First Instance
- Case number
- HCMA218/2015
The appeal was allowed because the magistrate failed to address a material omission (the absence of any contemporaneous complaint to the police that the appellant claimed triad membership), relied on an unsupported and logically irrelevant geographic inference linking 九江街 to the appellant's church to bolster witness credibility, and gave undue favourable treatment to the second witness (including characterising him as "independent" and making encouraging remarks), such that the convictions were rendered unsafe; accordingly all convictions and sentences were quashed without ordering a retrial.