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HKSAR v. Lo Kin Sun

Read the full judgment text of FAMC 24/2019 on BabelCite. This FAMC judgment.

1. We are satisfied that it is reasonably arguable that there has been a substantial and grave injustice in that the conduct of the trial and the treatment of the evidence may have miscarried so that the defendant was denied a fair trial.  We grant leave accordingly.

Cited by 1 case

Case No.FAMC 24/2019[2020] HKCFA 20
Court
FAMC
Date—
Judge—
Case Document
100%Judiciary

FAMC No. 24 of 2019

[2020] HKCFA 20

IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MISCELLANEOUS PROCEEDINGS NO. 24 OF 2019 (CRIMINAL)

(ON APPLICATION FOR LEAVE TO APPEAL FROM

HCMA NO. 583 OF 2017)

________________________

BETWEEN    
  HKSAR Respondent
  and  
  LO KIN SUN (盧建新) Applicant

________________________

Appeal Committee: Mr Justice Ribeiro PJ, Mr Justice Fok PJ and Mr Justice Cheung PJ
Date of Hearing and Determination: 7 July 2020

________________________

DETERMINATION

________________________

Appeal Committee:

1.We are satisfied that it is reasonably arguable that there has been a substantial and grave injustice in that the conduct of the trial and the treatment of the evidence may have miscarried so that the defendant was denied a fair trial.  We grant leave accordingly.

2.The appeal will be listed for hearing on 4 January 2021.

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

Mr Eric TM Cheung, Solicitor Advocate and Mr Carter Chim, instructed by ONC Lawyers on a pro bono basis, for the Applicant

Mr Derek Lau, SPP, of the Department of Justice, for the Respondent

Cited by 1 case

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HKSAR v. Lo Kin Sun (盧建新)
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04 Jan 2021