DHCJ Edmond Lee allowed an appeal against conviction on the basis that the trial was unfair.

The Appellant Company (A1) faced a summons offence of failing to pay upon termination of an employment contract. A1’s director (i.e. A2) faced a summons offence for failing to do so as the director of the employer. One of the grounds of appeal was that the trial magistrate failed to conduct the trial fairly. For instance, the trial magistrate failed to allow the appellants to apply for the audio recordings of the trial and/or transcripts, so that a legal representative could be instructed to represent them. The prosecution, upon considering the appellants’ representations, reasonably conceded the appeal. DHCJ Edmond Lee agreed the same upon considering all the circumstances and quashed the conviction.

Simon So represented the 1st appellant in the appeal against conviction. The full judgment was published on https://legalref.judiciary.hk/lrs/common/ju/ju_frame.jsp?DIS=170691&currpage=T.