‘Dramatic’ ruling by UK Supreme Court could see hundreds of Hong Kong cases quashed, say experts
Legal experts say ‘dramatic’ decision on basis of Hong Kong murder case more than 30 years ago could put city’s court system under more strain
Hong Kong’s over-stretched legal system is facing an “immense” new challenge in the wake of a ruling by the United Kingdom’s top court which could potentially see the convictions of hundreds of murderers and violent criminals in the city overturned on appeal.
Local legal experts have described as “unprecedented’’ and “dramatic” the ruling by the Supreme Court in the UK that the law “took a wrong turn’’ when it established the legal principle of “joint enterprise’’ on the basis of a Hong Kong murder case more than 30 years ago.
The ruling – handed down late last week – could pave the way for people convicted of murder or violent crime to appeal if they neither inflicted the fatal blow nor intended serious harm. It could also force the Department of Justice and law enforcement agencies to completely rethink the way they prosecute cases.
A spokeswoman for the Judiciary said it was “inappropriate” to comment, while the Department of Justice had not responded to the Post’s questions last night.
Veteran senior counsel Michael Blanchflower said the cases involved over the past 30 years could potentially run into “hundreds” and dealing with them would pose an “immense administrative task’’ for the Judiciary.
