HKSAR v. Liang Yaoqiang (梁耀強)

Read the full judgment text of FAMC 6/2021 on BabelCite. This FAMC judgment.

1. We grant leave to appeal on the substantial and grave injustice basis on the footing that it is reasonably arguable that in ordering a third retrial for murder, the exercise of discretion by the majority of the Court of Appeal miscarried.

Cited by 2 cases

Case No.FAMC 6/2021[2021] HKCFA 12
Court
FAMC
Date
Judge
Case Document
100%Judiciary

FAMC No. 6 of 2021

[2021] HKCFA 12

IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MISCELLANEOUS PROCEEDINGS NO. 6 OF 2021 (CRIMINAL)

(ON APPLICATION FOR LEAVE TO APPEAL

FROM CACC NO. 131 OF 2018)

____________________

BETWEEN    
  HKSAR Respondent
  and
  LIANG YAOQIANG (梁耀強) Applicant

____________________

Appeal Committee: Mr Justice Ribeiro PJ, Mr Justice Fok PJ and Mr Justice Tang NPJ
Date of Hearing and Determination: 29 March 2021

_________________________

D E T E R M I N A T I O N

_________________________

Mr Justice Ribeiro PJ:

1.We grant leave to appeal on the substantial and grave injustice basis on the footing that it is reasonably arguable that in ordering a third retrial for murder, the exercise of discretion by the majority of the Court of Appeal miscarried.

2.As we made plain at the hearing, this does not include argument based on the alleged diagnosis of Major Depressive Disorder.

3.The appeal will be listed for hearing on 24 June 2021.

(R A V Ribeiro)
Permanent Judge
(Joseph Fok)
Permanent Judge
(Robert Tang)
Non-Permanent Judge

Mr Robert Pang SC and Ms Denise Souza, instructed by Tse Yuen Ting Wong, assigned by the Director of Legal Aid, for the Applicant

Mr Ira Lui ADPP and Mr Andy Lo SPP, of the Department of Justice, for the Respondent