2 Jun 2006
HKSAR v. LEE SHING HUNG
- Citation
- HKSAR v. LEE SHING HUNG
- Court
- Court of First Instance
- Case number
- HCMA903/2005
The appeal succeeds because the magistrate committed material errors in relying on the appellant's pre-trial silence and in failing to address an asserted alternative defence and by preventing adequate cross-examination of a key witness on CSR interpretation; those errors rendered the convictions unsafe. Nevertheless, because the evidential case was strong on the facts, the proper remedy is to quash the convictions and remit the matter for retrial.