10 Nov 2014
HKSAR v. PANG HUNG FAI
- Citation
- HKSAR v. PANG HUNG FAI
- Court
- Court of Final Appeal
- Case number
- FACC8/2013
The Court allowed the appeal and quashed the conviction because the trial and appellate courts applied an unduly narrow and improperly framed test: they both excluded relevant 'grounds' consisting of the accused's perceptions and evaluations and the Court of Appeal's adoption of a 'could believe' standard was wrong in the criminal context; the correct approach requires considering the grounds known to the accused (including his perceptions and evaluations) and applying a standard that those grounds would lead a reasonable person to the requisite belief.