Read the full judgment text of FACC 9/2009 on BabelCite. This Court of Final Appeal judgment was delivered on 11 February 2010 before Li CJ, Bokhary PJ, Chan PJ, Ribeiro PJ, Mason NPJ.
Criminal law – Immigration Ordinance – s.38(1)(b) – remaining in Hong Kong without authority of the Director of Immigration after unlawful entry – Bangladesh national with history of repeated short stays – prosecution case based on last departure record of 24 October 2006 with no recorded re-entry – fresh evidence accepted by prosecution that another person used appellant's passport to depart on 24 October 2006 – Court of Final Appeal – disposal under Mok Kin Kau procedure on basis of Joint Case – fresh evidence – whether s.83V(2) of the Criminal Procedure Ordinance conditions met – s.17(2) of the Hong Kong Court of Final Appeal Ordinance, Cap 484 conferring power to exercise powers of court below – test of unsafe and unsatisfactory conviction – substantial and grave injustice – appeal allowed and conviction quashed.
Legal issues: Whether fresh evidence should be received on appeal · Whether the conviction is safe and satisfactory and should be quashed
Outcome: Appeal allowed; conviction on the s.38(1)(b) Immigration Ordinance charge quashed.
Cited by 2 cases