Secretary for Justice v. Chan Chi Wan Stephen

FAMC No. 4 of 2016

IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MISCELLANEOUS PROCEEDINGS NO. 4 OF 2016 (CRIMINAL)

(ON APPLICATION FOR LEAVE TO APPEAL

FROM CACC NOS. 103 OF 2012 and 183 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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The Appeal Committee:

1.We grant leave to appeal to the applicant in relation to the following questions of law of great and general importance, namely:

(1) In the context of a section 9 offence under the Prevention of Bribery Ordinance (Cap.201) (“POBO”): (i) what is the mens rea required of an agent to constitute him guilty of an offence under that section; and (ii) how should the element “in relation to the principal’s affairs or business” be interpreted having regard to the determination of the Privy Council in Commissioner of the ICAC v Ch’ng Poh [1997] HKLRD 652?

(2) In the context of a section 9 offence under POBO, what is the proper approach the Court should adopt in considering the defence of reasonable excuse?

2.We also grant the applicant leave to appeal in order to argue that, by reason of the judgments of the Court of Appeal, substantial and grave injustice has been done to him.

3.The appeal will be heard on 21 February 2017.

Mr Joseph Tse SC, Mr Charles J Chan and Mr Byron Tsang, instructed by Ivan Tang & Co., for the Applicant

Mr Eric Kwok SC, on fiat, and Mr Felix Tam SPP, of the Department of Justice, for the Respondent