A businessman who had a bribery conviction quashed because his trial lawyer was 'flagrantly incompetent' is suing the barrister for unspecified damages.
Chong Ching-yuen claimed in a High Court writ that barrister Raymond Tsui Shiu-wah had the duty to 'exercise reasonable care and skill and show competence in advising and acting for the plaintiff as trial counsel'.
Mr Chong was convicted of conspiracy to offer an advantage to a bank worker in May 2002 in the District Court, which he had denied, and pleaded guilty to using a false instrument.
Convicted on the two offences, Mr Chong was jailed for a total of three years.
In April, the Court of Final Appeal quashed the conviction, saying the trial counsel was flagrantly incompetent in failing to explore fully and professionally the grounds on which the admissibility of an exhibit - a letter - might be challenged, which was potentially fatal to the case against Mr Chong.
The writ said the barrister, assigned by the Director of Legal Aid to represent Mr Chong, had never gone through the bundle of documents one by one with his client. Neither did the barrister take instruction from Mr Chong in relation to the letter.
