HKSAR v. Kwan Ka Hei

Read the full judgment text of FAMC 44/2019 on BabelCite. This FAMC judgment.

1. We grant leave in respect of the question certified by Wong J in the following terms, namely:

Cited by 2 cases

Case No.FAMC 44/2019[2019] HKCFA 40
Court
FAMC
Date
Judge
Case Document
100%Judiciary

FAMC No 44 of 2019

[2019] HKCFA 40

IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MISCELLANEOUS PROCEEDINGS NO 44 OF 2019 (CRIMINAL)

(ON APPLICATION FOR LEAVE TO APPEAL FROM

HCMA NO 244 OF 2017)

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BETWEEN    
HKSAR Respondent
and
KWAN KA HEI (關迦曦) Applicant

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Appeal Committee: Mr Justice Cheung Acting CJ, Mr Justice Ribeiro PJ and Mr Justice Fok PJ
Date of Hearing and Determination: 14 November 2019

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DETERMINATION

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Mr Justice Cheung Acting CJ:

1.We grant leave in respect of the question certified by Wong J in the following terms, namely:

“On the proper interpretation of section 55 of the Crimes Ordinance, Cap. 200, whether an explosive substance includes a substance used or manufactured with a view to producing a pyrotechnic effect?”

2.The appeal will be heard on 16 June 2020.

 (Andrew Cheung) (R A V Ribeiro) (Joseph Fok)
Acting Chief Justice Permanent Judge Permanent Judge

Ms Charlotte Draycott SC and Ms Van Ma, instructed by C O Chan & Co, assigned by the Director of Legal Aid, for the applicant

Mr Andrew Li ADPP (Ag), of the Department of Justice, for the respondent