Leung Chi Keung v. HKSAR

FAMC000024/2004

FAMC No. 24 of 2004

IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MISCELLANEOUS PROCEEDINGS NO. 24 OF 2004 (CRIMINAL)

(ON APPLICATION FOR LEAVE TO APPEAL
FROM HCMA NO. 939 OF 2003)

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Appeal Committee: Mr Justice Bokhary PJ, Mr Justice Chan PJ and Sir Derek Cons NPJ

Date of Hearing: 20 July 2004

Date of Determination: 20 July 2004

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

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Mr Justice Bokhary PJ:

1. The applicant seeks leave to appeal to the Court of Final Appeal on both limbs of s.32(2) of the Hong Kong Court of Final Appeal Ordinance, Cap. 484. Under the first limb, we certify the involvement of a point of law of great and general importance, being the one raised by the question of whether genuine distress on the part of an alleged victim of sexual abuse is relevant to negative a suggestion by the defence that the alleged victim's account is a fantasy.

2. Under the second limb, we are of the view that it is reasonably arguable that a substantial and grave injustice was done to the applicant by the admission of evidence of the alleged victim's good character.

3. We grant the applicant leave to appeal to the Court of Final Appeal under both limbs of s.32(2).

Representation:

Mr Wong Man Kit SC & Mr Luk King Wang (instructed by Messrs Au-Yueng, Cheng, Ho & Tin) for the appellant

Mr Cheung Wai-sun & Miss Winnie Lam (instructed by the Department of Justice) for the respondent