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HKSAR v. Ng Fan Ying (吳藩英)

Read the full judgment text of FAMC 22/2021 on BabelCite. This FAMC judgment.

1. Exceptionally in this case, we are satisfied that leave to appeal should be granted on the basis that it is reasonably arguable that by reason of particular restrictions on cross-examination imposed at trial, the applicant was deprived of a fair trial and so suffered a substantial and grave injustice.

Case No.FAMC 22/2021[2021] HKCFA 30
Court
FAMC
Date—
Judge—
Case Document
100%Judiciary

FAMC No. 22 of 2021

[2021] HKCFA 30

IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MISCELLANEOUS PROCEEDINGS NO. 22 OF 2021 (CRIMINAL)

(ON APPLICATION FOR LEAVE TO APPEAL FROM

HCMA NO. 571 OF 2019)

_______________________

BETWEEN    
  HKSAR Respondent
  and
  NG FAN YING (吳藩英) Applicant

_______________________

Appeal Committee: Mr Justice Ribeiro PJ, Mr Justice Fok PJ and Mr Justice Lam PJ
Date of Hearing and Determination: 11 August 2021

_______________________

DETERMINATION

_______________________

Mr Justice Ribeiro PJ:

1.Exceptionally in this case, we are satisfied that leave to appeal should be granted on the basis that it is reasonably arguable that by reason of particular restrictions on cross-examination imposed at trial, the applicant was deprived of a fair trial and so suffered a substantial and grave injustice.

2.The appeal will be listed for hearing on 25 November 2021.

(R A V Ribeiro)
Permanent Judge		 (Joseph Fok)
Permanent Judge		 (M H Lam)
Permanent Judge

Mr Marc Corlett and Mr Marco S. P. Tse, instructed by S. K. Wong & Co., for the Applicant

Mr David Chan, SADPP and Ms Laura Liu, SPP (Ag.), of the Department of Justice, for the Respondent