Chau Lin Su-e v. HKSAR

FAMC000050/2003

FAMC No. 50 of 2003

IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MISCELLANEOUS PROCEEDINGS NO. 50 OF 2003 (CRIMINAL)

(ON APPLICATION FOR LEAVE TO APPEAL
FROM HCMA NO. 872 OF 2003)

_____________________

_____________________

Appeal Committee: Mr Justice Bokhary PJ, Mr Justice Chan PJ and Mr Justice Ribeiro PJ

Date of Hearing: 9 February 2004

Date of Determination: 9 February 2004

_____________________________

D E T E R M I N A T I O N

_____________________________

Mr Justice Bokhary PJ:

1.In the absence of an evidential basis for the conclusion that the crucial prosecution witnesses were mistaken as to time, so concluding would amount to a departure from accepted norms. In our view, it is reasonably arguable that there was an absence of any such evidential basis. Accordingly we grant leave to appeal to the Court of Final Appeal on the substantial and grave injustice ground.

2.We direct that the whole of the record of the proceedings at first instance be placed before the Court of Final Appeal. This includes the transcript of the evidence and the exhibits. Where any of these are not in English, certified translations into English should be provided. We also direct that if anything material is not reflected in the record, the parties should attempt to agree such matters, and place an agreed statement thereof before the Court.

Representation:

Mr Wong Hay Yiu (instructed by Messrs Au-Yeung, Cheng, Ho & Tin and assigned by the Legal Aid Department) for the applicant

Mr Simon Tam (of the Department of Justice) for the respondent