Chan Kar Leung and Others v. HKSAR

FAMC Nos 12 &13 of 2006

IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION 

MISCELLANEOUS PROCEEDINGS NOS 12 &13 OF 2006 (CRIMINAL)

(ON APPLICATION FOR LEAVE TO APPEAL

FROM CACC NO. 287 OF 2004)

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Between:

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

Date of Hearing: 23 May 2006

Date of Determination: 23 May 2006

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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.On the substantial and grave injustice ground, we grant these three applicants leave to appeal to the Court of Final Appeal, such leave being limited to the complaints made against the directions to the jury on how they should go about their deliberations and on the position in the event of their being unable to achieve the majority that constitutes a verdict.

[Counsel heard on the question of bail pending appeal.]

2.Bail pending appeal is granted to Mr Chan Kar Leung on the terms set out in para. 8 of his Affirmation dated 19 May 2006 plus the condition that he reports to the police at Central Police Station every Monday and Friday between 6 pm and 9 pm.

3.Mr Benjamin Chain for the other two applicants says that at present he has no instructions to apply for bail pending appeal on their behalf but asks for leave to make such application to a single permanent judge of this Court.  We direct that any such application be made to a single permanent judge of this Court.

Mr Gary Plowman SC, Ms Amendy Leung and Mr Derek Chan (instructed by Messrs Ho & Ip) for Chan Kar Leung (applicant in FAMC No. 13 of 2006)

Mr Benjamin Chain (instructed by Messrs King & Company) for Ku Chau Wan, Bonnie and Ku Pui Wan (applicants in FAMC No. 12 of 2006)

Mr John Reading SC and Mr Beney Wong (of the Department of Justice) for the respondent