Muhammad Riaz Khan v. HKSAR

FAMC No. 52 of 2010

IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MISCELLANEOUS PROCEEDINGS NO. 52 OF 2010 (CRIMINAL)

(ON APPLICATION FOR LEAVE TO APPEAL

FROM CACC NO. 125 OF 2003)

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Between:

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

Date of Hearing : 4 November 2010

Date of Determination : 4 November 2010

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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 :

We grant leave to appeal to the Court of Final Appeal under the “point of law” limb of s.32(2) of the Court’s statute, doing so on one question, being this. Where evidence has been obtained in breach of a defendant’s fundamental rights protected by the Basic Law or the Bill of Rights, does the court have a discretion as to the admission or exclusion of such evidence and, if so, on what principles should such discretion be exercised? We do not grant leave under the “substantial and grave injustice” limb of s.32(2).

Mr James W Campbell (instructed by Messrs Pang, Kung & Co.) for the applicant

Mr David Leung (of the Department of Justice) for the respondent