24 May 2017
HKSAR v. TAGAO SAUDEE ABAD
- Citation
- HKSAR v. TAGAO SAUDEE ABAD
- Court
- Court of Appeal
- Case number
- CACC366/2015
The Court held the judge erred in treating the Apple Store CCTV as reliably identifying the appellant and acted irregularly by forming his own uninvited view without affording the defence opportunity to address that exercise; however, the WhatsApp messages were properly attributable to the appellant on the evidence and, applying the proviso (s.83 CPO), the first conviction for conspiracy to make false instruments is safe and upheld while the conviction for conspiracy to use false instruments — which depended on the erroneous CCTV-based finding of presence at the Apple Store — is unsafe and qu…