15 Jul 2011
VIVIEN FAN AND OTHERS v. HKSAR
- Citation
- VIVIEN FAN AND OTHERS v. HKSAR
- Court
- Court of Final Appeal
- Case number
- FACC10/2010
The co-conspirators rule was misused because the trial judge failed to identify which documents he admitted and relied on under that rule; that misuse rendered the conspiracy trials unfair and the convictions unsafe; the proviso could not be applied because there were no special circumstances establishing inevitability of conviction on properly admitted evidence; accordingly all conspiracy convictions were quashed and the remaining false‑statement conviction was quashed because the Court of Appeal failed to re‑assess trial findings after quashing related convictions.