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Hong Kong courts
Hong KongLaw and Crime

Suspect deemed unfit to stand trial for alleged role in deadly hold-up 35 years ago

Jury rules Wen Wenye, 61, cannot be held criminally liable for murder and attempted robbery in 1991 due to cognitive impairment caused by lung cancer

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Police display images from the scene of the murder and attempted robbery during a press conference held in November 2023. Photo: Sam Tsang
Brian Wong

A mainland Chinese man has been deemed unfit to stand trial for his alleged involvement in a deadly shooting during a botched robbery in Hong Kong 35 years ago, after he was diagnosed with a cognitive impairment caused by lung cancer.

A High Court jury of four men and three women ruled on Friday that Shenzhen resident Wen Wenye, 61, could not be held criminally liable for murder and attempted robbery because he was unable to understand the legal proceedings and give instructions to his lawyers.

A “special hearing” will still be held before the jury to decide whether Wen indeed took part in the crimes at Shun Fat Company, a second-hand goods shop on Pei Ho Street in Sham Shui Po, on June 9, 1991.

The defendant will not be convicted in any event, but the court can impose appropriate measures if the jury decides that he committed all the acts alleged in the original indictment.

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