2 Apr 2012
HKSAR v. MD, EMON SHA AND OTHERS
- Citation
- HKSAR v. MD, EMON SHA AND OTHERS
- Court
- Court of First Instance
- Case number
- HCMA777/2011
The magistrate's acceptance of the police witness and rejection of the first appellant rested on impermissible speculation and assumptions (including imagined security cameras and deference to officer experience) and failed to resolve a material conflict about the first appellant's immobile prosthetic hand; those defects rendered the convictions unsafe and the appeals were allowed, convictions quashed and sentences set aside.