22 Jul 2002
HKSAR v. CHING KAI CHIU, JOHNY
- Citation
- HKSAR v. CHING KAI CHIU, JOHNY
- Court
- Court of First Instance
- Case number
- HCMA648/2001
The Deputy High Court Judge found the Magistrate erred by failing to address a material discrepancy and possible malice in the key witness's out-of-court statements and by improperly discounting a prosecution statement under s65(b)/s65B for lack of cross-examination; those errors produced a lurking doubt as to the safety of the conviction, warranting quashing of the conviction and setting aside the sentence.