5 May 2023
HKSAR v. CHUA SHIRLEY MASIGLA AND OTHERS
- Citation
- [2023] HKCA 227
- Court
- Court of Appeal
- Case number
- CACC254/2018
The Court held the judge's shut-eye direction in respect of D1's substantive trafficking charge was a misdirection that risked equating suspicion or deliberate non-inquiry with actual knowledge; that misdirection required quashing D1's conviction and ordering a retrial. By contrast, the directions on the co-conspirator's rule as given were adequate in light of independent evidence linking D3 and D4 to the alleged single conspiracy, so their convictions were upheld.