10 Mar 2023
SECRETARY FOR JUSTICE v. WONG WING-YI
- Citation
- [2023] HKCA 309
- Court
- Court of Appeal
- Case number
- CACC118/2022
The Court held the judge misapplied the s.16 test by requiring proof of physical possession or custody for joint enterprise liability and by underestimating what a properly directed jury could infer from the admitted papers; on the papers a jury could, may or might properly conclude the respondent knowingly participated in a joint enterprise to traffic the drugs, so the discharge was wrongly granted, the acquittal was quashed and a retrial ordered.