HKSAR v. Choy Kin Yue (蔡健瑜)
Read the full judgment text of FAMC 11/2022 on BabelCite. This FAMC judgment.
1. We are satisfied that it is reasonably arguable that, in allowing the respondent’s appeal against his conviction for taking part in an unlawful assembly on the ground that it was not an irresistible inference that the respondent had the necessary participatory intent for the offence, the judge misapplied this Court’s judgment in HKSAR v Lo Kin Man [2021] HKCFA 37 .
Cited by 9 cases · Cites 1 case
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FAMC No. 11 of 2022 [2022] HKCFA 14 IN THE COURT OF FINAL APPEAL OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION MISCELLANEOUS PROCEEDINGS NO. 11 OF 2022 (CRIMINAL) (ON APPLICATION FOR LEAVE TO APPEAL FROM HCMA NO. 421 OF 2021) ___________________________
___________________________ Appeal Committee: Mr Justice Fok PJ, Mr Justice Lam PJ and Mr Justice Stock NPJ Date of Hearing and Determination: 11 July 2022 ___________________________ D E T E R M I N A T I O N ___________________________ The Appeal Committee: 1.We are satisfied that it is reasonably arguable that, in allowing the respondent’s appeal against his conviction for taking part in an unlawful assembly on the ground that it was not an irresistible inference that the respondent had the necessary participatory intent for the offence, the judge misapplied this Court’s judgment in HKSAR v Lo Kin Man [2021] HKCFA 37. 2.Accordingly, we grant leave to the appellant to appeal against the judgment below on the ground that it is reasonably arguable that, in allowing the magistracy appeal and quashing the respondent’s conviction, substantial and grave injustice has been done. 3.The appeal will be listed to be heard on 29 November 2022.
Mr Ivan Cheung ADPP (Ag) and Ms Jennifer Tsui SPP (Ag), of the Department of Justice, for the Applicant Mr Brian Tsui, instructed by Chak & Associates LLP, for the Respondent |
Cases cited in this judgment