HKSAR v. Tso Kin Shing

Read the full judgment text of CACC 284/2013 on BabelCite. This Court of Appeal judgment was delivered on 21 February 2014 before Cheung JA, Barnes J, D Pang J.

Outcome: Appeal allowed, convictions quashed, sentences set aside, retrial ordered.

Cites 1 case

Case No.CACC 284/2013
Court
Court of Appeal
Date21 Feb 2014
JudgeCheung JA, Barnes J, D Pang J
Case Document
100%Judiciary

[English Translation - 英譯本]

CACC 284/2013

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CRIMINAL APPEAL NO. 284 OF 2013

(ON APPEAL FROM HCCC NO. 111 OF 2013)

_________________

BETWEEN
HKSAR Respondent
and
TSO KIN SHING
(曹建成)
Applicant/
(Defendant)

_________________

CAAR 3/2013

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

APPLICATION FOR REVIEW NO. 3 OF 2013

(ON APPEAL FROM HCCC NO. 111 OF 2013)

_________________

BETWEEN
SECRETARY FOR JUSTICE Applicant
and
TSO KIN SHING
(曹建成)
Respondent/
(Defendant)

_________________

(Heard Together)

Coram: Hon Cheung JA, Barnes and D Pang JJ in Court
Date of Hearing: 21 February 2014
Date of Judgment: 21 February 2014
Date of Reasons for Judgment: 14 March 2014
Date of Corrigendum : 11 April 2014

CORRIGENDUM

Please note the following amendment to the Reasons for Judgment of the Court of Appeal dated 14 March 2014:

Paragraph 1.3 on page 3: “At the hearing, we first dealt with the defendant’s application for leave to appeal his convictions. We allowed his application and, treating the application as the appeal proper, we allowed the appeal, quashed the convictions and set aside the sentences. We ordered that the case be retried. This decision rendered it unnecessary for us to determine the application by the Secretary for Justice for review of sentence. Our reasons for allowing the defendant’s appeal are set out below.”

Dated this 11th day of April 2014

(Candy Lau)
Clerk to the Hon Mr. Justice Cheung,
Justice of Appeal, High Court

Translated by the Judgment Translation Unit of the Judiciary and vetted by

Mr. Edmund Cham, Solicitor.