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Rh (iii) various Police Investigation Reports and police notebooks, which recorded the fact of some visits by police officers to Jacky Ma and Billy Kay whilst they were detained in custody by the Correctional Services Department.

19. By ground 2, it was submitted that, having regard to the fact that the prosecution case relied on the testimony of two accomplices witnesses, there were “irregularities or unsatisfactory aspects” of the judge’s summing up which “created a lurking doubt”, so that the applicant’s conviction was unsafe and unsatisfactory. Given the fact that the appeal was successful on ground 1, it is not necessary to set out in any more detail the arguments advanced in ground 2.

Jacky Ma’s affirmation

20. Mr Cheung submitted that statements made by Jacky Ma in his affirmation were material on which counsel could have cross-examined him at trial on two issues, namely that he was motivated throughout by a desire to seek a reduction in the sentence imposed on him and was aware of the range of discounts afforded to the defendants for their assistance to the prosecution, in particular testifying at trial of others.

21. Mr Cheung invited the Court to note that in an attachment to Jacky Ma’s affirmation, he asserted, inter alia that:

“During the hearing of this case, after I had pleaded guilty, the Prosecution made a request through Counsel… requesting me to be a tainted witness to testify against other defendants… I was informed that my sentence would be greatly reduced. However…the sentence reduction for being a tainted