HKSAR v. Hui Lai Ki (許麗琪)

FAMC No. 38 of 2022

[2023] HKCFA 35

IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MISCELLANEOUS PROCEEDINGS NO. 38 OF 2022 (CRIMINAL)

(ON APPLICATION FOR LEAVE TO APPEAL

FROM HCMA NO. 21 OF 2022)

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DETERMINATION

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Mr Justice Ribeiro Acting CJ:

1.We grant leave to appeal being satisfied that the following question of the requisite importance arises on the appeal namely:

“On an appeal to the Court of First Instance against conviction by a magistrate pursuant to section 113 of the Magistrates Ordinance, in what circumstances is the court bound to re-assess the evidence upon which the conviction was based and when is the court justified in overturning such conviction on the basis of its own view of the available evidence?”

2.We also grant leave on the basis that it is reasonably arguable that there has been a substantial and grave injustice on the following grounds, namely:

(a)     That the Judge departed from an established norm by requiring an error to be identified before intervening on an appeal by way of a rehearing; and

(b)     That the applicant’s evidence was wrongly rejected on the basis of alleged inconsistencies.

3.The appeal will be listed for hearing on 28 February 2024.

Mr Bruce Tse SC and Mr Adrian WJ So, instructed by A Lee & Partners, for the Applicant

Ms Lam Hiu Man Human SPP and Mr Raymond HC Chan PP, of the Department of Justice, for the Respondent