HKSAR v. Tse Man Fei

FAMC No. 40 of 2015

IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MISCELLANEOUS PROCEEDINGS NO. 40 OF 2015 (CRIMINAL)

(ON APPLICATION FOR LEAVE TO APPEAL FROM

HCMA NO. 208 OF 2015)

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BETWEEN:

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DETERMINATION

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Mr Justice Ribeiro PJ :

1.We grant leave to appeal on a point of law which we certify in the following terms:

“In the context of a prosecution for an offence of displaying a poster on Government land without written permission of the Authority (contrary to sections 104A(1)(b), 104A(2) and 150 of the Public Health and Municipal Services Ordinance, Cap. 132), what act or conduct by a defendant must the prosecution prove in order to satisfy the element of ‘displaying’?”

2.We refuse leave to appeal on the proposed “substantial and grave injustice” basis relying on the doctrine of joint enterprise.

3.The appeal will be heard on 7 June 2016.

Mr Raymond Cheng SPP, of the Department of Justice, for the Applicant

Mr Jackson Poon, instructed by ONC Lawyers, assigned by the Director of Legal Aid, for the Respondent