Cai Zong Gang v. HKSAR

FAMC No. 30 of 2008

IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION 

MISCELLANEOUS PROCEEDINGS NO. 30 OF 2008 (CRIMINAL)

(ON APPLICATION FOR LEAVE TO APPEAL

FROM CACC NO. 486 OF 1998)

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

Date of Hearing : 17 June 2008

Date of Determination : 17 June 2008

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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 :

Having regard to all the circumstances, particularly what the recorder told the jury and what he omitted to tell them after they had purported to return a verdict by majority of 4 to 3, it is reasonably arguable that there was, in regard to their function and position, a departure from accepted norms to the applicant’s disadvantage sufficiently serious to constitute a substantial and grave injustice.  Accordingly leave to appeal to the Court of Final Appeal is granted on the substantial and grave injustice ground.

Mr Richard Wong Tat Wah (instructed by Messrs Haldanes and assigned by the Legal Aid Department) for the applicant

Ms Louisa Lai (of the Department of Justice) for the respondent