26 May 2016
HKSAR v. WU WING KIT AND ANOTHER
- Citation
- HKSAR v. WU WING KIT AND ANOTHER
- Court
- Court of Appeal
- Case number
- CACC299/2014
The convictions were unsafe because the trial judge applied an incorrect legal test for the mens rea element “reasonable grounds to believe” (adopting an approach held to be erroneous by the Court of Final Appeal in Pang Hung Fai), such that the required mental element was not properly assessed; accordingly convictions were quashed and retrials ordered where the court concluded a properly directed jury might convict on the available evidence.