HKSAR v. Leung Chung Hang Sixtus (梁頌恆)

FAMC No. 36 of 2020

[2021] HKCFA 6

IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MISCELLANEOUS PROCEEDINGS NO. 36 OF 2020 (CRIMINAL)

(ON APPLICATION FOR LEAVE TO APPEAL FROM

HCMA NO. 303 OF 2018)

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DETERMINATION

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Mr Justice Ribeiro PJ:

1.We grant leave to appeal in respect of the question certified by Mr Justice Wilson Chan as follows:

“Which alternative set out in Kulemesin v HKSAR (2013) 16 HKCFAR 195 shall be applicable in relation to the ‘likely to cause any person reasonably to fear’ limb of the offence created by section 18 of the Public Order Ordinance (Cap 245)?”

2.We refuse leave on any other basis as we do not consider the other grounds advanced reasonably arguable.

3.The appeal will be listed for hearing on 22 June 2021.

Mr Douglas Kwok, Mr Law Ka Sing and Mr Howard Tang, instructed by Cedric & Co, for the Applicant

Mr Jonathan Man, DDPP (Ag.), of the Department of Justice, for the Respondent