The highest court yesterday quashed a bribery conviction against a businessman because his lawyer was 'flagrantly incompetent' and had compromised the fairness of the trial.
It was the first time an appeal based on the incompetence of the defence counsel had been reached and ruled on by the Court of Final Appeal.
The five judges were unanimous in quashing the conviction in an appeal lodged by Chong Ching-yuen, who was convicted of conspiracy to offer an advantage to a bank worker, a charge which he denied. However, Chong had admitted a charge of using a false instrument and he was jailed in the District Court on both offences for a total of three years.
The Court of Appeal had earlier dismissed his first appeal against the conviction. But in the Court of Final Appeal, Mr Justice Kemal Bokhary yesterday said Chong's trial counsel in the District Court was grossly negligent in failing to explain to his client the admissibility of a letter, which was potentially fatal to Chong's case.