A barrister accused of trying to dissuade a fellow lawyer from giving evidence in a criminal trial has had his conviction and six-month sentence quashed.
The Court of Final Appeal found barrister Philip Wong Chi-wai, who contacted solicitor Fanny Mak Siu-fan, might not have been trying to interfere with the trial.
The court was told Wong, 59, drafted three letters to Mak in October 2005. Mak had witnessed the defendant in a theft case sign a contract.
Wong, representing the defendant, told Mak in the letters she was bound by legal professional privilege to refuse to give evidence. Wong also warned her she might be sued and face disciplinary action by the Law Society if she went ahead and gave evidence.
Mr Justice Roberto Ribeiro said Wong might genuinely have believed Mak was bound by professional privilege, even though the court had found she was not.
Also, there was no evidence to show Wong had intended to get Mak to disobey the witness summons. Neither did Wong suggest that if she did testify, she should not tell the truth.