HKSAR v. LO KIN SUN

[2020] HKCFA 20

Court of Final Appeal7 July 2020

FAMC24/2019 HKSAR v. LO KIN SUN

FAMC No. 24 of 2019

[2020] HKCFA 20

IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MISCELLANEOUS PROCEEDINGS NO. 24 OF 2019 (CRIMINAL)

(ON APPLICATION FOR LEAVE TO APPEAL FROM

HCMA NO. 583 OF 2017)

________________________

BETWEEN

	HKSAR	Respondent

	and

	LO KIN SUN (盧建新)	Applicant

________________________

Appeal Committee: Mr Justice Ribeiro PJ, Mr Justice Fok PJ and Mr Justice Cheung PJ

Date of Hearing and Determination: 7 July 2020

________________________

DETERMINATION

________________________

Appeal Committee:

1. We are satisfied that it is reasonably arguable that there has been a substantial and grave injustice in that the conduct of the trial and the treatment of the evidence may have miscarried so that the defendant was denied a fair trial. We grant leave accordingly.

2. The appeal will be listed for hearing on 4 January 2021.

(R A V Ribeiro)	(Joseph Fok)	(Andrew Cheung)
Permanent Judge	Permanent Judge	Permanent Judge

Mr Eric TM Cheung, Solicitor Advocate and Mr Carter Chim, instructed by ONC Lawyers on a pro bono basis, for the Applicant

Mr Derek Lau, SPP, of the Department of Justice, for the Respondent

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Appeal history

香港特別行政區訴盧建新
CFI · 30 Oct 2018 · [2019] HKCFI 1108
On appeal from
HKSAR v. LO KIN SUN
CFA · 7 Jul 2020 · [2020] HKCFA 20
This judgment
HKSAR v. LO KIN SUN (盧建新)
CFA · 4 Jan 2021 · [2021] HKCFA 1
On appeal from