15 Jul 2011
VIVIEN FAN AND OTHERS v. HKSAR
- Citation
- VIVIEN FAN AND OTHERS v. HKSAR
- Court
- Court of Final Appeal
- Case number
- FACC6/2010
The co-conspirators rule was misused at trial because the judge failed to identify which documents he relied on under that rule, rendering the conspiracy trials unfair; the proviso could not be invoked because the convictions were not shown to be inevitable on admissible evidence; accordingly all conspiracy convictions were quashed; Mr Koo's conviction under the false statement provision was also quashed because the Court of Appeal failed to re-evaluate findings in light of the quashed related convictions; and a non-director employee is not criminally obliged to act as a whistle-blower.