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)
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 1st Applicant’s Written Submission : 25 October 2011
Date of Judgment On Re-trial : 14 November 2011
JUDGMENT ON RE-TRIAL
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 fora re-trial while the 1st applicant opposes it.
2. We have taken into regard the hardship that the 1st applicant will have to go through with a re-trial but having considered the seriousness of the offence and the fact that the convictionwas quashed on the basis of matters relating to the direction to jury and counsel’s conduct at the trial, we are of the view thatas 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 1st Applicant