Hong Kong Special Administrative Region Court of Appeal

“ It is necessary that the principles of disclosure, articulated in the Department of Justice’s ‘Prosecution’s Code’ are underpinned and given effect by a simple system in which prosecuting counsel give directions to investigating police officers in respect of areas of potential unused material, requiring confirmation as to whether or not such material does or does not exist. ”

“ 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.” ”

“ 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 ”