Page:HKSAR v. Wun Shu Fai (CACC 48-2015).djvu/5

conspiring to throw corrosive fluid with intent to do grievous bodily harm to Mr Mitchell.^[1]

8. On 21 December 2009, Billy Kay was arrested. The applicant and Jacky Ma were arrested on 22 December 2009.^[2] In April 2010, the applicant was released from custody^[3]. On 29 October 2010, Jacky Ma pleaded guilty in the Magistracy to a charge of conspiring to throw corrosive fluid with intent to do grievous bodily harm to Mr Mitchell. On 15 February 2011, Billy Kay pleaded guilty on arraignment in the Court of First Instance to a count alleging the same offence in a separate indictment. On 1 April 2011, each of them was sentenced to 11 years’ imprisonment by Beeson J.^[4]

9. On 12 November 2013, the applicant was re-arrested and charged with conspiring to throw corrosive fluid at Mr Mitchell with intent to do him grievous bodily harm. On 8 January 2015, the applicant’s trial commenced before Toh J.

The trial

The prosecution case

10. It was the prosecution case that Tang Chong Hou threw corrosive fluid at Mr Mitchell, whilst the other co-conspirators, including

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1. Appeal Bundle, page 26; Admitted Facts (IV), paragraph 9.
2. Appeal Bundle, page 15; Admitted Facts (I), paragraphs 27–29.
3. Appeal Bundle, page 25; Admitted Facts (IV), paragraph 4.
4. Appeal Bundle, pages 24–5; Admitted Facts (IV), paragraphs 2–3.