Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Retrial vs discharge

  • 9 Mar 2010

    CAI ZONG GANG v. HKSAR

    Citation
    CAI ZONG GANG v. HKSAR
    Court
    Court of Final Appeal
    Case number
    FACC4/2008

    Because the jury had earlier purported to return inoperative 4:3 acquittals and the trial judge failed to stop the verdict-taking and failed to give the standard direction that they would be further directed if unable to reach an operative majority, there was a real danger the jury were put under undue pressure to agree; this caused substantial injustice warranting quashing the convictions and discharging the appellant rather than ordering a retrial given the period spent in custody.

  • 11 Feb 2010

    NANCY ANN KISSEL v. HKSAR

    Citation
    NANCY ANN KISSEL v. HKSAR
    Court
    Court of Final Appeal
    Case number
    FACC2/2009

    Appeal allowed on grounds 1 and 2: cross-examination using bail materials is not absolutely prohibited but the way it was conducted here was unfair and prejudicial to the accused and amounted to a substantial and grave injustice; the hearsay evidence of the deceased's statements about suspected poisoning was wrongly admitted because its marginal relevance was outweighed by prejudicial effect and it was not properly connected to the issues left to the jury; the self-defence direction was adequate overall and ground 3 failed; conviction quashed and retrial ordered because proviso test for affir…