HKSAR v. Chan Ka Chun

Read the full judgment text of FAMC 22/2017 on BabelCite. This FAMC judgment.

1. We grant leave to appeal on the substantial and grave injustice ground on the basis that it is reasonably arguable that the trial judge’s comments in her summing-up to the jury relying on the mistranslated portions of the applicant’s video recorded interview may have resulted in the applicant not receiving a fair trial.

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Case No.FAMC 22/2017[2018] HKCFA 8
Court
FAMC
Date
Judge
Case Document
100%Judiciary

FAMC No. 22 of 2017

[2018] HKCFA 8

IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MISCELLANEOUS PROCEEDINGS NO. 22 OF 2017 (CRIMINAL)

(ON APPLICATION FOR LEAVE TO APPEAL

FROM CACC NO. 226 OF 2013)

____________________

BETWEEN

  HKSAR Respondent
  and
  CHAN KA CHUN(陳家俊) Applicant

____________________

Appeal Committee: Mr Justice Ribeiro PJ, Mr Justice Tang PJ and Mr Justice Fok PJ
Date of Hearing and Determination: 6 February 2018

_________________________

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

_________________________

Mr Justice Fok PJ:

1.We grant leave to appeal on the substantial and grave injustice ground on the basis that it is reasonably arguable that the trial judge’s comments in her summing-up to the jury relying on the mistranslated portions of the applicant’s video recorded interview may have resulted in the applicant not receiving a fair trial.

2.The appeal will be heard on 13 June 2018.

(R A V Ribeiro)
Permanent Judge
(Robert Tang)
Permanent Judge
(Joseph Fok)
Permanent Judge

Mr James Tze, instructed by Au-Yeung, Chan & Ho, assigned by the Director of Legal Aid, for the Applicant

Mr Eddie Sean, SADPP, of the Department of Justice, for the Respondent

Cited by 1 case

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