HKSAR v. Chow Ho Yin (鄒浩賢)
Read the full judgment text of FAMC 19/2019 on BabelCite. This FAMC judgment.
1. Leave to appeal is granted on the substantial and grave injustice ground, it being arguable that the applicant was deprived of a fair trial by the trial judge’s refusal to grant an adjournment due to the applicant’s stated inability to attend court by reason of illness and instead continuing with the trial in his absence.
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FAMC No. 19 of 2019 [2019] HKCFA 28 IN THE COURT OF FINAL APPEAL OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION MISCELLANEOUS PROCEEDINGS NO. 19 OF 2019 (CRIMINAL) (ON APPLICATION FOR LEAVE TO APPEAL FROM CACC NO. 116 OF 2018) ___________________________ BETWEEN
Appeal Committee: Chief Justice Ma, Mr Justice Fok PJ and Mr Justice Chan NPJ Date of Hearing and Determination: 26 July 2019 ___________________________ DETERMINATION ___________________________ The Appeal Committee: 1.Leave to appeal is granted on the substantial and grave injustice ground, it being arguable that the applicant was deprived of a fair trial by the trial judge’s refusal to grant an adjournment due to the applicant’s stated inability to attend court by reason of illness and instead continuing with the trial in his absence. 2.The appeal will be heard on 28 November 2019.
Mr James Tze, instructed by H.Y. Leung & Co. LLP and assigned by the Director of Legal Aid, and Mr Tom Cheung, instructed by H.Y. Leung & Co. LLP on a pro bono basis, for the Applicant Mr Ira Lui SADPP (Ag.) and Mr Andy Lo SPP (Ag.), of the Department of Justice, for the Respondent | ||||||||||||||||||