13 Dec 2001
EWAN QUAYLE LAUNDER v. HKSAR
- Citation
- EWAN QUAYLE LAUNDER v. HKSAR
- Court
- Court of Final Appeal
- Case number
- FACC3/2001
The Court held that the indictment's omission of the words 'having shown' meant the charge did not encompass past favours and that the trial judge materially misdirected the jury by repeatedly leaving open conviction for past favours; that misdirection could not be regarded as immaterial and the proviso to s.83(1) did not apply because a reasonable jury properly directed would not inevitably have convicted; accordingly the appellant's conviction on count 1 was quashed and no new trial was ordered.