25 Jun 2007
ONG CHUN YING v. HKSAR
- Citation
- ONG CHUN YING v. HKSAR
- Court
- Court of Final Appeal
- Case number
- FACC8/2006
The conviction was quashed because the magistrate's critical factual conclusion that the alibi was incomplete and that the timing of the assault was uncertain was unsupported by the evidence (notably the complainant's consistent evidence that she returned at about 10:00 and was assaulted about ten minutes later); that unsupported factual finding denied the appellant the benefit of reasonable doubt and constituted a departure amounting to substantial and grave injustice justifying final appellate intervention under s.32(2).