27 Jan 2017
HKSAR v. SHEK KA KWAN AND ANOTHER
- Citation
- HKSAR v. SHEK KA KWAN AND ANOTHER
- Court
- Court of Appeal
- Case number
- CACC438/2014
Leave to appeal against conviction for both applicants was refused. The judge’s directions on joint enterprise were correct under Hong Kong authority (HKSAR v Chan Kam Shing / Chan Wing Siu). A formal Nedrick direction was not required for Shek because the evidence showed sustained direct participation in the assault and throwing of the deceased into the sea; the directions given were adequate for the jury to decide intention. The judge properly warned the jury about and reviewed the evidence of prosecution witnesses who had immunity or pleaded guilty; Lai's complaints of bias and unsafe conv…