15 Mar 2018
Rejecting the Prosecution's joint enterprise argument after full argument did not amount to an 'improper' act under s17; given D2's failure to file a skeleton and adoptive participation, and the court leaving open an alternative 'building-block' route, it was not appropriate to order the Prosecution to pay costs; application dismissed.
25 Aug 2017
On the evidence taken at its highest a properly directed jury could infer the necessary elements of joint enterprise as to the 2nd applicant (association with house, contemporaneous phone contacts, conduct at scene and an admission), the trial judge adequately directed the jury on joint enterprise, defence evidence (Liberato) and admissions (Mushtaq) adapted to the facts, the jury's request for repetition did not establish lack of English comprehension, and consequently the convictions were neither unsafe nor unsatisfactory; applications for leave to appeal were refused.
16 Jun 2017
Conviction could not stand because the prosecution and trial judge failed to identify and establish the legal basis upon which the applicant was made responsible for another's dealing with the proceeds (i.e. the terms and scope of any joint criminal enterprise), and the judge misapplied and did not sufficiently articulate the correct mens rea analysis; the deficiencies rendered the conviction unsafe and justified allowing the appeal and granting extension of time.
14 Jun 2017
The court admitted prosecution evidence that CIK was experimental and hospital‑appropriate as relevant; evidence of safe system failures including laboratory setup, procedures, inventory and testing is admissible against D1 and D2 (subject to hearsay rules); evidence against D3 is limited, primarily to failure to ensure viral and bacterial testing prior to infusion; laboratory staff may testify to their knowledge and reasons for non‑participation and experts may give opinions if supported by trial evidence; hearsay exclusions apply to untested utterances (eg Ho Wai Yan) and to exhibit labels…
13 Jun 2017
Court admitted opinion evidence from the listed medical and scientific experts despite lack of hands-on human CIK administration where their study and disciplinary expertise (haematology, immunology, microbiology, stem cell/transplantation) rendered their opinions of assistance; GMP Guidelines (1995) are relevant and admissible as a reference for the reasonable standard of preparation and manipulation of cells at the material time but experts may not give opinion on legal definitions under the Pharmacy and Poisons Ordinance (PPO); Mr William Chui may not opine on legal application of PPO and…
28 Oct 1997
The conviction was quashed because the trial judge only found an intention to participate in a dubious transaction generally and failed to find or apply facts establishing the appellant's intention to participate in the specific offence of procuring the making of the bank record entry; that lack of linkage made the conviction unsafe.