HKSAR v. Liang Yaoqiang

FAMC No. 60 of 2015

IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MISCELLANEOUS PROCEEDINGS NO. 60 OF 2015 (CRIMINAL)

(ON APPLICATION FOR LEAVE TO APPEAL

FROM CACC NO. 131 OF 2014)

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BETWEEN

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D E T E R M I N A T I O N

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Mr Justice Ribeiro PJ:

1.The Appeal Committee grants leave to appeal in respect of the following question of law, namely:

“Whether, in respect of the second limb of the defence of provocation (namely as to ‘whether the provocation was enough to make a reasonable man do as he did’, Homicide Ordinance, Cap.339, s.4), it is a misdirection of law not to direct the jury to form a discrete view as to the gravity of the provocation on the defendant, having the particular attributes he has, separately from and before determining whether, objectively, having regard to the actual provocation and their view as to its gravity, a person with ordinary powers of self-control would have done what the defendant did?”

2.The appeal will be heard on 11 January 2017.

Mr Gerard McCoy SC and Mr. Richard Donald, instructed by Tse Yuen Ting Wong, assigned by Director of Legal Aid, for the Applicant

Mr William Tam SC, DDPP and Mr Ivan Cheung PP, of the Department of Justice, for the Respondent