Raymond Chen v. Hong Kong Special Administrative Region

FAMC No. 6 of 2010

IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION 

MISCELLANEOUS PROCEEDINGS NO. 6 OF 2010 (CRIMINAL)

(ON APPLICATION FOR LEAVE TO APPEAL

FROM HCMA NO. 606 OF 2009)

----------------------

----------------------

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

Date of Hearing:     29 June 2010

Date of Determination:     29 June 2010

--------------------------------------

D E T E R M I N A T I O N

---------------------------------------

Mr Justice Bokhary PJ :

1.Is it appropriate for a trial court to launch an inquiry into whether or not an accused person had made an out-of-court statement helpful to him?  That is what the Magistrate did, the applicant complained against and the appeal judge held was appropriate.  Whether or not such a course is appropriate is now a question of law which ought to be resolved by the Court of Final Appeal.

2.There is another question of law arising out of this case which ought to be resolved by the Court of Final Appeal.  It is whether the appeal judge was right in his view that there exists what he called “modern jurisprudence” pursuant to which credibility can be dealt with on the transcript in the way which he did.

3.Leave to appeal to the Court of Final Appeal is granted. 

[Discussions on dates.]

4.The appeal is fixed to come on hearing at 10:00 am on 22 November 2010.

Mr Robert Y.H. Pang (instructed by Messrs. Haldanes and assigned by the Legal Aid Department) for the applicant

Ms Wong Sze-lai, Lily (of the Department of Justice) for the respondent