31 Jan 2024
HKSAR v. XU ZHUO AND ANOTHER
- Citation
- [2024] HKCA 103
- Court
- Court of Appeal
- Case number
- CACC139/2021
The convictions were quashed because the judge made critical findings about the principal's lack of permission without an adequate evidential foundation (principal did not give evidence and PW1's testimony was unreliable on key points); furthermore the court held that a principal's permission under s9 POBO can, if properly established, operate even where the underlying act is illegal, and on the state of the evidence there was material doubt such that convictions could not stand and retrial was not justified.