Page:HKSAR v. Wun Shu Fai (CACC 48-2015).djvu/2

Rh

Hon Lunn VP (giving the Reasons for Judgment of the Court):

1. The applicant sought leave to appeal against his conviction on 20 January 2015, after trial by Toh J and a jury, of a single count of conspiracy to throw corrosive fluid, namely sulphuric acid, with intent to do grievous bodily harm to Mr Neil Mitchell, contrary to sections 159A and 159C of the Crimes Ordinance, Cap. 200 and section 29(c) of the Offences against the Person Ordinance, Cap. 212. On 7 March 2017, we allowed the appeal, quashed the applicant’s conviction and ordered a retrial on the same count. We said that we would give our reasons in due course. That, we do now.

2. The Particulars of Offence averred that on or about 27 October 2009 the applicant conspired with Tang Chong Hou, alias Hou Chai, Ma Shun Yick, Jacky (PW2), Kay Sik Hong, Billy (PW3) and Lai Kwok Leung, alias Ah Ki unlawfully and maliciously to carry out the attack.

Notices of Motion

3. By way of Notices of Motion, the applicant sought to put before the Court three affidavits of Mr Eric Cheung, solicitor advocate who appeared for the applicant, dated 12 September and 4 November 2016 and