30 Aug 2024
HKSAR v. HUANG RUIFANG
- Citation
- [2024] HKCA 840
- Court
- Court of Appeal
- Case number
- CACC106/2022
By majority the Court held that although prosecuting counsel's remarks amounted to a breach of s54(1)(b), in the context of the trial the breach was not a material irregularity because the judge gave clear and emphatic specimen directions (including on the right to silence and on mixed out-of-court statements) which neutralised any prejudice; a lies direction was appropriate and properly given; therefore the proviso applied and the appeal against conviction was dismissed (majority). The dissent would have quashed and ordered a retrial on grounds that the breach was material and unremedied.