6 Dec 2010
RAYMOND CHEN v. HKSAR
- Citation
- RAYMOND CHEN v. HKSAR
- Court
- Court of Final Appeal
- Case number
- FACC1/2010
The conviction was quashed because the magistrate improperly inquired into and treated the appellant's exercise of the right to silence and his later wholly exculpatory statements as adverse, thereby breaching the right to silence and undermining the burden of proof, and because the High Court judge impermissibly re-assessed credibility on the transcript beyond the permissible scope of a rehearing on the papers, leaving the trial error uncorrected.