HKSAR v. Guan Qiaoyong

FAMC Nos. 10 and 17 of 2017

FAMC No. 10 of 2017

IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MISCELLANEOUS PROCEEDING NO 10 OF 2017 (CRIMINAL)

(ON APPLICATION FOR LEAVE TO APPEAL FROM HCMA 700 OF 2013)

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BETWEEN

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FAMC No. 17 of 2017

IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MISCELLANEOUS PROCEEDING NO 17 OF 2017 (CRIMINAL)

(ON APPLICATION FOR LEAVE TO APPEAL FROM HCMA 700 OF 2013)

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BETWEEN

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DETERMINATION

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Mr Justice Ribeiro PJ:

1.We grant leave to appeal in respect of the following questions of law, namely:

(a) On a proper construction, what is the meaning of “visitors” in the context of the Prison Rules, Cap 234A?

(b) If in the context of Rule 203, “visitors” bears the same meanings under Rule 48 and “friends” as a category of visitors means “personal friends” :

(i) Is Rule 203 compatible with article 6(2)(a) of the Hong Kong Bill of Rights?

(ii) Is Rule 203 compatible with article 14 of the Hong Kong Bill of Rights?

2.We also grant leave on the substantial and grave injustice ground on the footing that it is reasonably arguable that the evidence was incapable of sustaining a conviction for conspiracy to defraud.

3.The hearing will take place on 17 April 2018.

Mr Johannes Chan, SC, and Mr Douglas Kwok, instructed by Messrs Tang, Wong & Chow, for the applicant in FAMC 17/2017, assigned by the Director of Legal Aid

Mr Eric Cheung, Solicitor Advocate, instructed by ONC Lawyers, for the applicant in FAMC 10/2017, assigned by the Director of Legal Aid

Mr David Leung, SC, DDPP, and Ms Audrey Parwani, SSP(Ag.) of Department of Justice, for the respondent