Lam Chi Kwong v. HKSAR

FAMC No. 3 of 2008

IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION 

MISCELLANEOUS PROCEEDINGS NO. 3 OF 2008 (CRIMINAL)

(ON APPLICATION FOR LEAVE TO APPEAL

FROM CACC NO. 394 OF 2000)

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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.Leave to appeal is granted on the substantial and grave injustice ground. It is granted on the basis that it is reasonably arguable that there was a sufficiently serious departure from accepted norms in the directions to the jury on : one, how they should go about their deliberations; and, two, the position if they cannot achieve the majority that constitutes a verdict.

Mr Benjamin Chain (instructed by Messrs Tang Tso & Lau and assigned by the Legal Aid Department) for the applicant

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