HKSAR v. Lai Kam Fat

FAMC No. 47 of 2018

[2019] HKCFA 4

IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MISCELLANEOUS PROCEEDINGS NO. 47 OF 2018 (CRIMINAL)

(ON APPLICATION FOR LEAVE TO APPEAL FROM

CACC NO. 95 OF 2017)

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DETERMINATION

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Mr Justice Ribeiro PJ:

1.We are satisfied that the following question of law is of the requisite importance and grant leave in respect thereof:

Where an indictment or charge of conspiracy to traffic in a dangerous drug (contrary to sections 4(1)(a), 4(3) and 39 of the Dangerous Drugs Ordinance, Cap 134, and sections 159A and 159C of the Crimes Ordinance, Cap 200), particularises a specific drug alleged to be the subject of the conspiracy, must the prosecution prove that the defendant charged with that conspiracy knew that that specific drug was the subject of the conspiracy or is it sufficient to prove that he knew that what was agreed to be trafficked was a dangerous drug ?

2.We refuse leave on the “substantial and grave injustice” basis.

3.The appeal will be listed for hearing on 3 September 2019.

Mr. Osmond Lam, Mr. Benson Tsoi, Mr. Ernest Yuen and Mr. Dexter Leung, instructed by Or & Lau Solicitors, for the Applicant

Mr. Martin Hui, SC, DDPP and Ms. Karen Ng, PP, of the Department of Justice, for the Respondent