24 Sept 2013
HKSAR v. WONG KA KI
- Citation
- HKSAR v. WONG KA KI
- Court
- Court of Appeal
- Case number
- CACC60/2012
The conviction under s120 was quashed because the particularised representation proved (that ejaculation would occur) was not false and the prosecution could not rely on a different, uncharged falsity; failure to amend the particulars deprived the defence of proper cross-examination and was fatal to the prosecution case; the court could not order a retrial under s83E for the alternative offence and thus retrial was refused.