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The following is issued on behalf of the Judiciary:
The Court of Final Appeal handed down its judgment today in HKSAR v Tin's Label Factory Limited (FACC 5 of 2008). The Court dismissed the appeal by the prosecution. A summary of the Court's judgment is annexed.
After the Honourable Mr Justice Pang Kin-kee, Judge of the Court of First Instance of the High Court ("the Judge") had the opportunity of studying the judgment, the Chief Justice met with him in the presence of the Chief Judge of the High Court.
At this meeting, the Chief Justice pointed out that, as stated in the Court's judgment:
(i) Judges at all levels of court have a duty to deliver judgment within a reasonable time after the conclusion of the hearing, including delivering reasons after giving an oral decision. This is important for the parties and is essential to the maintenance of public confidence in the administration of justice. The delay in the present case of seven and a half months in handing down reasons after the oral decision was unjustified.
(ii) The Judge should not have made the mistake of overlooking his earlier oral decision allowing the appeal when handing down the 1st written judgment which purported to give reasons for having dismissed the appeal when the appeal had in fact been allowed. Such a mistake adversely affects public confidence in the administration of justice. A mistake of this kind must not be allowed to recur at any level of court.
The Judge acknowledged the Court's criticisms of his delay in giving reasons after his oral decision and his mistake in overlooking his oral decision when handing down the 1st written judgment. He apologised for the delay and the mistake. He gave the Chief Justice his strongest assurances that such delay and that a mistake of this kind would not recur.
Having regard to the Judge's assurances, the Judiciary will not be taking any further action in this matter.
Ends/Friday, December 5, 2008
Issued at HKT 16:05
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