TSOI CHAK FAI v HONG KONG SPECIAL ADMINISTRATIVE REGION

Read the full judgment text of FAMC 000015/2004 on BabelCite. This FAMC judgment was delivered on 6 May 2004.

1. The Court of Appeal was of the view that there had been a material irregularity at the trial in this case in which the applicant was convicted on 12 counts of conspiracy to perpetrate letter of credits fraud on banks. But it dismissed the appeal upon an application of the proviso. The words it used are these: "we are satisfied, in view of the strength of the evidence against the Applicant, that no miscarriage of justice has actually occurred". Unless the Court of Appeal's assessment of the st