HKSAR v. Chan Kam Shing

Read the full judgment text of FAMC 57/2015 on BabelCite. This FAMC judgment was delivered on 17 May 2016.

1. Leave is given on the following question: -

Cited by 61 cases · Cites 1 case

Case No.FAMC 57/2015(2016) 19 HKCFAR 640
Court
FAMC
Date17 May 2016
Judge
Case Document
100%Judiciary

FAMC No 57 of 2015

IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MISCELLANEOUS PROCEEDINGS NO 57 OF 2015 (CRIMINAL)

(ON APPLICATION FOR LEAVE TO APPEAL

FROM CACC NO 231 OF 2014)

____________________

BETWEEN

  HKSAR
Respondent
  and
  CHAN KAM SHING (陳錦成) Applicant

____________________

Appeal Committee: Chief Justice Ma, Mr Justice Ribeiro PJ and Mr Justice Tang PJ
Date of Hearing: 17 May 2016
Date of Determination: 17 May 2016

________________________

DETERMINATION

________________________

Chief Justice Ma:

1.Leave is given on the following question: -

“What is the law of Hong Kong regarding the doctrine of joint enterprise, namely should Chan Wing Siu v R [1985] 1 AC 168 and Sze Kwan Lung v HKSAR (2004) 7 HKCFAR 475 continue to be applied in the light of R v Jogee and R v Ruddock [2016] 2 WLR 681.”

2.This appeal will be listed for hearing on 28 November 2016.

(Geoffrey Ma)
Chief Justice
(R A V Ribeiro)
Permanent Judge
(Robert Tang)
Permanent Judge

Ms Margaret Ng, instructed by Cheung, Chan & Chung, assigned by the Director of Legal Aid, for the Applicant

Mr Wesley Wong SC, Solicitor General, and Mr Raymond Cheng, Ag ADPP, of the Department of Justice, for the Respondent

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