10 Jan 2008
MOK KIN KAU v. HKSAR
- Citation
- MOK KIN KAU v. HKSAR
- Court
- Court of Final Appeal
- Case number
- FACC8/2007
In the absence of special and compelling reasons, ordering a third trial after two concluded trials and appeals and after the accused has served the sentence is a departure from accepted norms to the accused's disadvantage so serious as to constitute a substantial and grave injustice; the High Court judge miscarried in failing to examine all relevant circumstances, and the order for retrial must be set aside.