A man will appear in court for a second time on charges of possessing fake US silver certificates with a face value of US$88 million. Businessman Cheung Chung-chit first appeared before Judge Chua Fi-lan in the District Court on September 4 last year, but the trial was abandoned after the judge granted an application for a permanent stay on proceedings. This followed submissions from Cheung's defence counsel, Cheng Huan SC, that his client would not receive a fair trial as his key defence witness, mainland resident Wang Lixin, refused to travel to testify. Mr Wang had instead submitted a detailed witness statement that said he had 'in all innocence'' persuaded Cheung to bring the counterfeit silver certificates to Hong Kong. Cheung had been charged with two other men, Henry Tarazona and Shinri Nakamori, with possession of false instruments following their arrest at a Kowloon hotel on April 3 last year. He was found with 88 fake silver certificates, each with a face value of US$1 million. His co-defendants had 750 fake US Treasury bonds with a face value of US$500 million. Last month, Kevin Zervos, SC, appearing for the Secretary for Justice, brought a judicial review to challenge Judge Chua's decision. He told Mr Justice Michael Hartmann, sitting in the Court of First Instance, the stay was an 'unreasonable, procedurally unfair' decision that went against legal requirements. Yesterday, Mr Justice Hartmann quashed Judge Chua's decision to order a stay of proceedings. He sent the matter back to the District Court for fresh determination. He found the way in which Judge Chua dealt with Mr Wang's statement was a 'material error' in law.