18 Oct 2004
SZE KWAN LUNG AND OTHERS v. HKSAR
- Citation
- SZE KWAN LUNG AND OTHERS v. HKSAR
- Court
- Court of Final Appeal
- Case number
- FACC6/2004
The convictions were quashed because Gall J positively misdirected the jury on the proper approach to defence evidence, rendering all convictions unsafe; accordingly the appeal is allowed and all appellants are ordered retried on two counts of manslaughter and one of arson; additionally, the court clarified that liability under joint enterprise can sustain a murder conviction against a participant even if the actual killer is not so convicted.