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FAMC No. 30 of 2015
IN THE COURT OF FINAL APPEAL OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
MISCELLANEOUS PROCEEDINGS NO. 30 OF 2015 (CRIMINAL)
(ON APPLICATION FOR LEAVE TO APPEAL FROM
CACC NO. 133 OF 2014)
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BETWEEN:
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HKSAR
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Respondent
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and
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BIAN ZHENJU
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Applicant |
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| Appeal Committee: Mr Justice Ribeiro Acting CJ, Mr Justice Tang PJ
and Mr Justice Fok PJ |
| Date of Hearing and Determination: 4 November 2015 |
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DETERMINATION
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Mr Justice Ribeiro Ag CJ:
1. This is an unusual case because of the numerous mis-steps that have to date unfortunately prevented the applicant from arriving at a definitive outcome determining the serious charge of drug trafficking which she faces.
2. The circumstances have however been fully considered by the Court of Appeal in the exercise of its discretion in ordering a further retrial. In our view, no grounds exist for interfering with that exercise of discretion. At the retrial, it is to be expected that the jury, properly instructed, will determine whether or not there should be a conviction.
3. We accordingly refuse leave to appeal.
(R.A.V. Ribeiro)
Acting Chief Justice |
(Robert Tang)
Permanent Judge |
(Joseph Fok)
Permanent Judge |
Mr Philip Wong, instructed by Damien Shea & Co. for the Applicant
Ms Jasmine Ching, SPP and Miss Human Lam Hiu-man, PP of the Department of Justice, for the Respondent
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