Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Retrial for unfairness
  • 3 Jul 2001

    HKSAR v. CHIK WAI MING WHITMAN

    Citation
    HKSAR v. CHIK WAI MING WHITMAN
    Court
    Court of First Instance
    Case number
    HCMA626/2000

    Although the appellate court accepted the trial magistrate's factual findings generally, fairness required that the appellant's husband, who had been intended as a defence witness, be allowed to testify; the failure to have him called at trial justified quashing the conviction and ordering a retrial before another magistrate as an exception to the normal rule of deference to trial findings.