25 May 2010
HKSAR v. FAN YUN SANG
- Citation
- HKSAR v. FAN YUN SANG
- Court
- Court of First Instance
- Case number
- HCMA908/2009
The conviction was quashed because the magistrate failed to properly evaluate whether the prosecution proved the essential subjective element (that the appellant knew he was not entitled to vote). The magistrate compounded the error by misapplying an objective test (Ghosh), by failing to give an appropriate credibility direction in relation to the appellant's good character and recorded explanations, and by relying on an unsupported comparison of signatures; these errors rendered the verdict unsafe and unsatisfactory.