15 Dec 2014
HKSAR v. CHAN HOI WING
- Citation
- HKSAR v. CHAN HOI WING
- Court
- Court of Appeal
- Case number
- CACC25/2014
The convictions were quashed because two material irregularities occurred: (1) prosecution counsel impermissibly made a closing speech after an unrepresented defendant had given evidence and called no other witnesses; and (2) the trial judge failed to revisit and determine whether the unamended indictment and disclosure of the co-accused's guilty plea should be presented to the jury after defence counsel was discharged. These irregularities undermined trial fairness and the proviso was inapplicable, requiring quashing of the conviction and ordering a retrial.