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Hong Kong courts
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SCMP Editorial

Editorial | Hong Kong prosecutors must ensure there is no miscarriage of justice

  • The sorry case of noodle-shop worker Ma Ka-kin, convicted and jailed on drug offences, highlights the need to strengthen city’s legal system

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An answer must be forthcoming to explain how a miscarriage of justice happened in the case of Hong Kong noodle-shop worker Ma Ka-kin. Photo: EPA

Hong Kong takes pride in its legal system’s ability to deliver justice. This depends on trials being fair, to ensure no one is wrongly convicted.

But the system failed noodle-shop worker Ma Ka-kin. He was convicted and jailed for 23 years for drug trafficking even though the trial judge had expressed doubt and discomfort about the facts of the case.

Ma, 20 when arrested in 2016, was cleared by the Court of Appeal last week. The court criticised the Department of Justice and Ma’s original defence team for their handling of the case and demanded answers to a number of questions.

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The sorry story began when Ma agreed to allow a workmate to use his home address for delivery of a parcel. The package was intercepted by customs officers and found to contain more than 1kg of cocaine.

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Miscarriage of justice in Hong Kong legal system raises questions that must be answered

Miscarriage of justice in Hong Kong legal system raises questions that must be answered

When interviewed, Ma said he had no idea the package would contain drugs and had been duped by his friend, Hung ­Chi-him. Officers searched Hung’s home and found a further 20 packets of cocaine.

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But Ma took the rap for the crime. He was advised by a legal team paid for by Hung or his associates, including a law clerk with a long criminal record.

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