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Rh gave instructions that the police prepare “…a list of unused materials to include not only the case papers concerning Kay Sik Hong and Ma Shun Yick, but also the case papers concerning other accomplices who were not testifying against the applicant.”

41. Mr Cheung said that, although on 7 January 2014 a colleague had provided him with a copy of the judgment of the Court of Appeal in the appeals against sentence of Jacky Ma and Billy Kay, it did not occur to him to make any enquiries to determine whether there existed any unused material which ought to be disclosed to the defence. He was not aware of the affirmation of Jacky Ma dated 9 August 2012.

42. Mr Cheung said that he had a meeting with police officers on 15 January 2014 at which, although he had made no written record and had no specific recollection, he believed that he approved the Index of Unused Material to be served on the defence before the committal proceedings. That document, together with the committal bundle, was served on the defence in late January 2014. The applicant was committed for trial in the Court of First Instance on 28 February 2014. On 1 March 2014, he directed the police to provide the Department of Justice with a full bundle of the material described in the List of unused material.

43. On 24 September 2014, the case was assigned to his colleagues Mr Simon Tam SC and Ms Lisa Go to prosecute at trial, as a result of which he passed on the case papers. Nevertheless, having received a letter, dated 30 September 2014, from the applicant’s then solicitors requesting the provision of material, some of which was clearly related to unused material, by a letter to the police officers handling the