HKSAR v. Chan Hon Wing (陳漢榮)

FAMC No. 16 of 2021

[2021] HKCFA 21

IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MISCELLANEOUS PROCEEDINGS NO. 16 OF 2021 (CRIMINAL)

(ON APPLICATION FOR LEAVE TO APPEAL FROM

CACC NO. 200 OF 2016)

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Appeal Committee: Mr Justice Ribeiro PJ, Mr Justice Fok PJ and Mr Justice Stock NPJ

Date of Hearing and Determination: 12 July 2021

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DETERMINATION

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Mr Justice Ribeiro PJ:

1.We grant leave to appeal in respect of the following questions which are of the requisite general importance, namely:

(1)     Is there a continuing duty on the trial judge imposed by the provisions of section 4(2) of the Jury Ordinance (Cap.3) or otherwise to be satisfied that the members of the jury are able to understand the proceedings in the language in which they are being conducted?

(2)     In the event of possible doubt arising, what approach should a trial judge take in order to ensure sufficient comprehension on the part of the jury of the proceedings in the language in which they are being conducted consistent with a defendant’s right to a fair trial?

2.The appeal will be listed for hearing on 23 November 2021.

Mr Eric TM Cheung, Solicitor Advocate and Mr Jason Kung, instructed by ONC Lawyers, assigned by the Director of Legal Aid, for the Applicant 

Mr Ned Lai, DDPP (Ag.) and Mr Andy Lo, SPP, of the Department of Justice, for the Respondent