HKSAR v. LUI KIN HONG, JERRY

CACC000378A/1998

CACC 378 /98

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CRIMINAL APPEAL NO.378 OF 1998

(ON APPEAL FROM HCCC NO. 219 OF 1997)

BETWEEN
HKSAR
AND
LUI KIN-HONG, JERRY

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Coram: Power, Ag. Chief Judge, H.C., Mayo & Stuart-Moore, JJ.A.

Date of Hearing: 3, 4 & 5 February 1999

Date of Order: 5 February 1999

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O R D E R

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Stuart-Moore, J.A. (giving the order of the Court):

1. As far as the application formerly to quash the conviction is concerned, we make that order. We set aside the sentence that was imposedand all of the consequential orders. For the reasons that are expressed in The Queen v Holgate No.2 (1996) 3 HKC 324, and applying the principles which emerged from that case, we propose not to order a re-trial. So far as the costs of the appealare concerned, they are granted to the Appellant.

(N.P. Power) (Simon Mayo) (M. Stuart-Moore)
Ag. Chief Judge, H.C. Justice of Appeal Justice of Appeal

Representation:

Mr. John Reading, S.A.D.P.P. & Mr. Joseph To, S.G.C. for D.P.P./Respondent

Mr. Gerard McCoy, S.C. & Mr. Raymond Pierce instructed by Messrs. C.L. Chow & Lam for Applicant.