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HKSAR v. Nguyen Anh Nga

Read the full judgment text of FAMC 58/2015 on BabelCite. This FAMC judgment.

1. We grant the applicant leave to appeal on the ground that, in relation to the judge’s summing up to the jury in respect of the evidence of the applicant’s reaction and non-reaction when confronted with her suitcase and the inferences to be drawn from that evidence, there has been substantial and grave injustice.

Case No.FAMC 58/2015
Court
FAMC
Date—
Judge—
Case Document
100%Judiciary

FAMC No. 58 of 2015

IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MISCELLANEOUS PROCEEDINGS NO. 58 OF 2015 (CRIMINAL)

(ON APPLICATION FOR LEAVE TO APPEAL FROM
CACC NO. 424 OF 2012)

____________________

BETWEEN

  HKSAR Respondent
  and
  NGUYEN ANH NGA Applicant

____________________

Appeal Committee: Chief Justice Ma, Mr Justice Tang PJ and Mr Justice Fok PJ
Date of Hearing and Determination: 30 September 2016

_________________________

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

_________________________

The Appeal Committee:

1.We grant the applicant leave to appeal on the ground that, in relation to the judge’s summing up to the jury in respect of the evidence of the applicant’s reaction and non-reaction when confronted with her suitcase and the inferences to be drawn from that evidence, there has been substantial and grave injustice.

2.The appeal will be heard on 24 February 2017.

(Geoffrey Ma)
Chief Justice		 (Robert Tang)
Permanent Judge		 (Joseph Fok)
Permanent Judge

Mr Cheng Huan SC and Mr Edward H M Tang, instructed by Tanner De Witt, assigned by the Director of Legal Aid, for the Applicant

Mr Jonathan Man SADPP, of the Department of Justice, for the Respondent