26 Jan 2007
HKSAR v. LEUNG WAI HUNG
- Citation
- HKSAR v. LEUNG WAI HUNG
- Court
- Court of Appeal
- Case number
- CACC52/2006
The private communication to the jury via the usher and the judge's unsignalled oral reply in circumstances where the jury requested a copy of the summing-up (a matter touching the merits) constituted a material irregularity because counsel were denied the opportunity to be informed and to make submissions and because the reply was not in open court; coupled with inappropriate direction that telephone calls and lies could stand independently of the accomplice's testimony and the absence of an express direction that no adverse inference should be drawn from the applicant's silence, the convict…