HKSAR v. Lee Sze Lung

CACC 16/2010

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CRIMINAL APPEAL NO. 16 OF 2010

(On Appeal From High Court Criminal Case No. 209 of 2009)

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BETWEEN

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Before : Hon Cheung, Yuen JJA and Line J in Court

Date of Respondent’s Written Submission : 21 October 2011

Date of Respondent’s Amended Written Submission : 22 October 2011

Date of 1^st Applicant’s Written Submission : 25 October 2011

Date of Judgment On Re-trial : 14 November 2011

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JUDGMENT ON RE-TRIAL

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Hon Cheung JA (giving judgment of the Court) :

1.The Court has directed the parties to lodge written submissions on re-trial which they have now done. The respondent applies for a re-trial while the 1^st applicant opposes it.

2.We have taken into regard the hardship that the 1^st applicant will have to go through with a re-trial but having considered the seriousness of the offence and the fact that the conviction was quashed on the basis of matters relating to the direction to jury and counsel’s conduct at the trial, we are of the view that as a matter of public interest a re-trial is necessary and accordingly we will order a re-trial.

Mr. William Tam, Ag. DDPP of Department of Justice, for the Respondent

Mr. Gerard McCoy SC and Mr. Daniel Hui, instructed by Messrs Tsang, Chan & Woo, for the 1^st Applicant