Hong Kong police arrest barrister and ex-solicitors’ clerk for perverting course of justice in cocaine trafficking case
- The pair had represented Ma Ka-kin, 25, who spent five years behind bars for the drug offence and had his conviction overturned last week
- In freeing Ma, the three judges pointed to deep concerns over how the original case was handled by the prosecution
Hong Kong police have arrested a barrister and a former solicitors’ clerk after the appeal court questioned their roles in the prosecution of a young man who was sentenced to 23 years in prison for drug trafficking while the real culprit was spared of the charge.
The arrests on Tuesday came after three Court of Appeal judges last week overturned the conviction of Ma Ka-kin, 25, who was taken into custody five years ago after being held on suspicion of trafficking cocaine worth nearly HK$1.9 million (US$244,000). A High Court jury found him guilty in 2019 and he was jailed.
Ma’s appeal lawyer argued that the former defence team had a conflict of interest as it was hired by the co-defendant’s family. The clerk, Chan Keung-lee, who had been found guilty of a host of crimes in the past, offered misleading advice to Ma, the three judges heard.
These are serious questions which require to be answered if miscarriages of justice are to be averted in the future
In clearing the innocent man, the court asked how a person such as Chan who had been convicted of offences including rape, attempted rape, robbery, burglary, blackmail and escape from lawful custody could have been hired by solicitors and allowed to visit and advise a client in custody.
In their judgment, the bench raised several questions “which require to be answered if miscarriages of justice are to be averted in the future” and said the case “did not reflect well” on the legal system.
According to a police source, officers arrested Chan, 58, and barrister Cheung Hiu-wai, 33, for perverting the course of justice. Chan was said to have entered Cheung Sha Wan Police Station in the afternoon accompanied by several other people.
The pair was still being detained for questioning as of Tuesday evening and no charges had been laid.