Secretary for Justice v. Cheng Ka Yee and Others

FAMC No. 51 of 2018

[2018] HKCFA 49

IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MISCELLANEOUS PROCEEDINGS NO. 51 OF 2018 (CRIMINAL)

(ON APPLICATION FOR LEAVE TO APPEAL

FROM HCMA NO. 466 OF 2017)

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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.We are satisfied that leave should be granted on the basis that a point of law of the requisite importance is involved in this case, namely:

“What is the scope of the actus reus of the offence under section 161(1)(c) of the Crimes Ordinance (Cap 200)? In particular, is it restricted to the unauthorized extraction and use of information from a computer?”

2.We are also satisfied that leave should be granted on the substantial and grave injustice basis for the appellant to contend, subject to the conclusion reached as to the foregoing point of law, that it is reasonably arguable that the finding as to lack of dishonesty was perverse.

3.The appeal will be heard on 26 February 2019.

Mr David Leung, SC, DPP, Mr Robert Lee, SADPP and Ms Kasmine Hui, SPP (Ag), of the Department of Justice, for the Applicant

Mr David Boyton, instructed by T K Tsui & Co., for the 1^st and 4^th Respondents

Mr Duncan Percy, instructed by Kenneth W Leung & Co., for the 2^nd Respondent

Mr James Tze, instructed by Raymond Luk & Co., for the 3^rd Respondent