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.
Wen has been remanded in custody since his arrest at the Shenzhen Bay control point on November 11, 2023.
During his incarceration, he was diagnosed with stage IV lung cancer, with mutated cells spreading to his brain.
He underwent surgery to remove damaged brain tissue on July 24, 2024, but has used a wheelchair since.