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HKSAR v. Bian Zhenju

Read the full judgment text of FAMC 30/2015 on BabelCite. This FAMC judgment.

1. This is an unusual case because of the numerous mis-steps that have to date unfortunately prevented the applicant from arriving at a definitive outcome determining the serious charge of drug trafficking which she faces.

Case No.FAMC 30/2015
Court
FAMC
Date—
Judge—
Case Document
100%Judiciary

FAMC No. 30 of 2015

IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MISCELLANEOUS PROCEEDINGS NO. 30 OF 2015 (CRIMINAL)

(ON APPLICATION FOR LEAVE TO APPEAL FROM
CACC NO. 133 OF 2014)

_____________________

BETWEEN:

  HKSAR
 Respondent
  and
  BIAN ZHENJU
 Applicant

_____________________

Appeal Committee: Mr Justice Ribeiro Acting CJ, Mr Justice Tang PJ and Mr Justice Fok PJ
Date of Hearing and Determination: 4 November 2015

___________________________

DETERMINATION

___________________________

Mr Justice Ribeiro Ag CJ:

1.This is an unusual case because of the numerous mis-steps that have to date unfortunately prevented the applicant from arriving at a definitive outcome determining the serious charge of drug trafficking which she faces.

2.The circumstances have however been fully considered by the Court of Appeal in the exercise of its discretion in ordering a further retrial.  In our view, no grounds exist for interfering with that exercise of discretion.  At the retrial, it is to be expected that the jury, properly instructed, will determine whether or not there should be a conviction.

3.We accordingly refuse leave to appeal.

(R.A.V. Ribeiro)
Acting Chief Justice		 (Robert Tang)
Permanent Judge		 (Joseph Fok)
Permanent Judge

Mr Philip Wong, instructed by Damien Shea & Co. for the Applicant

Ms Jasmine Ching, SPP and Miss Human Lam Hiu-man, PP of the Department of Justice, for the Respondent