HKSAR v. F.S.L.

FAMC No. 34 of 2025

[2025] HKCFA 24

IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MISCELLANEOUS PROCEEDINGS NO. 34 OF 2025 (CRIMINAL)

(ON APPLICATION FOR LEAVE TO APPEAL FROM

CACC NO. 174 OF 2022)

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DETERMINATION

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The Appeal Committee:

1.We are satisfied that a point of law of great and general importance is involved in the appeal and grant leave to appeal in respect of it, namely:

“Is sexual gratification on the part of the offender an essential element of the offence of indecent conduct with or towards a child under the age of 16 under section 146 of the Crimes Ordinance, Cap. 200?”

2.The appeal will be listed to be heard on 13 March 2026.

Mr Jonathan Man DDPP and Mr Ng Hay Lok Gabriel PP, of the Department of Justice, for the Applicant

Ms Priscilia Lam SC and Mr Sean O’Reilly, instructed by Keith Lam Lau & Chan, assigned by the Director of Legal Aid, for the Respondent