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HKSAR v. Fu Man Kit (符文傑)

Read the full judgment text of FAMC 29/2020 on BabelCite. This FAMC judgment.

1. We grant leave to appeal in respect of the following question of law of great and general importance, namely:

Cited by 2 cases

Case No.FAMC 29/2020[2021] HKCFA 10
Court
FAMC
Date—
Judge—
Case Document
100%Judiciary

FAMC No 29 of 2020

[2021] HKCFA 10

IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MISCELLANEOUS PROCEEDINGS NO 29 OF 2020 (CRIMINAL)

(ON APPLICATION FOR LEAVE TO APPEAL FROM

HCMA NO 458 OF 2019)

________________________

BETWEEN    
  HKSAR Respondent
  and  
  FU MAN KIT (符文傑) Applicant

________________________

Appeal Committee: Chief Justice Cheung, Mr Justice Bokhary NPJ and Mr Justice Chan NPJ
Date of Hearing and Determination: 17 March 2021

________________________

DETERMINATION

________________________

The Appeal Committee:

1.We grant leave to appeal in respect of the following question of law of great and general importance, namely:

“Are disciplinary proceedings conducted under the Prison Rules (Cap. 234A), involving punishment by way of forfeiture of remission, ‘criminal proceedings’ by a body of competent jurisdiction such that the rule against double jeopardy applies?”

2.The appeal will be listed for hearing on 2 September 2021.

(Andrew Cheung) (Kemal Bokhary) (Patrick Chan)
Chief Justice Non-Permanent Judge Non-Permanent Judge

Mr Derek Chan SC, and Mr Tien Kei-rui, instructed by Gallant, assigned by the Director of Legal Aid, for the applicant

Ms Hermina Ng, SPP, of the Department of Justice, for the respondent

Cited by 2 cases

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