Ko Man Chun v. Hong Kong Special Administrative Region

FAMC No. 49 of 2009

IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION 

MISCELLANEOUS PROCEEDINGS NO. 49 OF 2009 (CRIMINAL)

(ON APPLICATION FOR LEAVE TO APPEAL

FROM HCMA NO. 231 OF 2009)

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

Date of Hearing : 23 September 2009

Date of Determination : 23 September 2009

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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 :

On the basis of a reasonable argument that the magistrate had, in rejecting the alibi, misapprehended the evidence in a material respect and that this error does not appear to have been considered either adequately or at all by the appeal judge, we grant leave to appeal to the Court of Final Appeal on the “substantial and grave injustice” ground.

Mr M.K. Wong SC and Mr Lawrence Hui (instructed by Messrs Hagon Wai & Partners) for the applicant

Mr Cheung Wai-sun (of the Department of Justice) for the respondent