Hong Kong Special Administrative Region Court of Appeal

“ We would add that the Judge carefully and properly directed the jury that each charge had to be considered separately; that even if the applicant was guilty of murder in relation to one particular deceased, he might still be not guilty in relation to another; or that, if he was guilty of manslaughter on one count, it did not mean he might not be acquitted on another count. The jury’s verdicts in the present case are indicative of the fact that they conscientiously followed this direction. ”

“ Given that both Mr Cheung and Ms Go said that they were aware that Jacky Ma had made an application for leave to appeal against sentence and that they were obviously aware that he was an important accomplice witness in the prosecution case, it beggars belief that prosecuting counsel did not call for the appeal file to ensure that there was nothing that was disclosable to the defence in the prospective trial of the applicant. In making that observation, it is only fair to note that Ms Go was junior counsel to leading counsel in the immediate preparation for and conduct of the trial. ”

“ Defendant, within a short time, a whole family was wiped out by you: a couple in their 40s and 30s, and their two daughters, aged 10 and 7.
The ways in which they met their deaths were brutal and deliberate, the details of which have been repeated time and again during the trial. ”

“ With respect, there was a failure by prosecution counsel to require specifically that the officer-in-charge of the case and the investigating officers obtain and produce to prosecution counsel all information and records of contact by police officers in the investigation team with Jacky Ma and Billy Kay after the completion of their video record of interview and prior to the commencement of trial. Such a requirement of the police officers and its response should have been made in writing and those records retained. Those matters are elementary. ”

“ The prosecution’s duty is to disclose to the defence relevant material (including information) which may undermine its case or advance the defence case. The duty is not limited to the disclosure of admissible evidence. Information not itself admissible may lead by a train of inquiry to evidence which is admissible: Reg v. Preston at 163–164, per Lord Mustill. And material which is not admissible may be relevant and useful for cross-examination of a prosecution witness on credit. ”

“ Of the failure to disclose Jacky Ma’s affirmation, Ms Lai acknowledged in her written submissions that counsel at the Department of Justice should have reviewed the relevant appeal files to look for disclosable material. Fault lay in “...an insufficient vigilance to the necessity of taking a proactive approach to ensure full and proper disclosure.” ”

“ A white vest was found stuffed inside her mouth. She had suffered six lacerations to her scalp and forehead, thought to have been the result of an impact with hard objects with a flat surface. The cause of her death was suffocation. ”

“ Billy Kay testified that he had been recruited in the middle of October 2009 by Lai Kwok Leung for a promised reward of $30,000 to carry out an attack on a person connected with a court case. Although at first he was told that the intended target was a woman, later he was told that the intended target was an expatriate man. On 20 October 2009, he went to the 9th floor of the District Court, where he saw Mr Mitchell conducting the trial of Kong Hon Yui. ”

“ Then, the two of them went to a park next to a hotel, opposite the District Court, where Jacky Ma introduced him to Tang Chong Hou and the applicant, as the men who would carry out the attack on Billy Kay’s instructions. The applicant said that he was called ‘Ah Wai.’ After Jacky Ma had walked aside, he took the two men to a flower bed where he pointed out a bag, from which Tang Chong Hou took out a bottle from which he poured out some of the contents. Smoke was seen to rise. ”

“ On 15 February 2011, Billy Kay pleaded guilty on arraignment in the Court of First Instance to a count alleging the same offence in a separate indictment. On 1 April 2011, each of them was sentenced to 11 years’ imprisonment by Beeson J. [7]
9. On 12 November 2013, the applicant was re-arrested and charged with conspiring to throw corrosive fluid at Mr Mitchell with intent to do him grievous bodily harm. ”

“ Similarly, in the context of the non-prejudicial statement of Billy Kay dated 24 March 2010, it was known now, from the recently disclosed notebook of DPC 47077 that he met Billy Kay on 16 and 17 March 2010 for a total of about three and three-quarter hours. ”

“ A non-American governmental edict may still be copyrighted outside the U.S. Similar to {{PD-in-USGov}}, the above U.S. Copyright Office Practice does not prevent U.S. states or localities from holding copyright abroad, depending on foreign copyright laws and regulations. ”

“ Ms Anna Lai, SC, DDPP (Ag.) , Mr Ned Lai, SADPP (Ag.) , Mr Ira Lui, SPP and Mr Andrew Li, SPP, of the Department of Justice, for the respondent on 7 March 2017
Mr Eric TM Cheung, solicitor advocate, of Messrs ONC Lawyers, assigned by Director of Legal Aid, for the applicant
↑ Senior Inspector Lee Ming Kong and Chief Inspector Chan Shun Ching, Baron. ↑ Wong Ching Man, Rossetti and Wu Lai King. ↑ Appeal Bundle page 90 M-O; Kong was convicted after trial on two charges, namely conspiracy to defraud and conspiracy to deal with the proceeds of an indictable offence. ↑ Appeal Bundle, page 26 ”