HKSAR v. C.T.

FAMC No. 3 of 2018

[2018] HKCFA 59

IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MISCELLANEOUS PROCEEDINGS NO. 3 OF 2018 (CRIMINAL)

(ON APPLICATION FOR LEAVE TO APPEAL

FROM CACC NO. 221 OF 2016)

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BETWEEN

Appeal Committee: Chief Justice Ma, Mr Justice Fok PJ and Mr Justice Cheung PJ

Date of Hearing and Determination: 15 November 2018

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DETERMINATION

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Mr Justice Fok PJ:

1.We grant leave to appeal on the following questions of law:

(1) Although the standard direction to the jury is that they should consider each count in the indictment separately and may accept part of a witness’s evidence and not accept other parts of the same witness’s evidence, should that direction be qualified in cases of sexual offences where the only direct evidence of commission of the offences is that of the complainant and, if so, how?

(2) What is the proper approach of an appellate court to inconsistent verdicts in cases of sexual offences where, although not logically inconsistent, they are based on the uncorroborated evidence of the complainant?

2.We also grant leave to appeal on the basis that it is reasonably arguable that the different verdicts of the jury on the indictment against the applicant resulted in substantial and grave injustice being done to him.

3.The appeal will be heard on 20 June 2019.

Mr Wong Man Kit SC and Mr Joe Chan, instructed by Foo & Li, for the Applicant

Ms Vinci Lam, SADPP, of the Department of Justice, for the Respondent