HKSAR v. Kwan Ka Hei

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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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.

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