Case Details

Citation

HKSAR v. FU MAN KIT (符文傑), FAMC 29/2020

Case Number

FAMC 29/2020

Court

Court of Final Appeal

(CFA)

Decision Date

17 March 2021

Parties

Applicant(s):

HKSAR

Respondent(s):

FU MAN KIT (符文傑)

For Applicant(s):

Mr Derek Chan SC and Mr Tien Kei-rui, instructed by Gallant, assigned by the Director of Legal Aid

For Respondent(s):

Ms Hermina Ng, SPP, of the Department of Justice

HKSAR v. FU MAN KIT (符文傑)

[2021] HKCFA 10

Court of Final Appeal17 March 2021

FAMC29/2020 HKSAR v. FU MAN KIT (符文傑)

FAMC No 29 of 2020

[2021] HKCFA 10

IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MISCELLANEOUS PROCEEDINGS NO 29 OF 2020 (CRIMINAL)

(ON APPLICATION FOR LEAVE TO APPEAL FROM

HCMA NO 458 OF 2019)

________________________

BETWEEN

	HKSAR	Respondent
	and
	FU MAN KIT (符文傑)	Applicant

________________________

Appeal Committee: Chief Justice Cheung, Mr Justice Bokhary NPJ and Mr Justice Chan NPJ

Date of Hearing and Determination: 17 March 2021

________________________

DETERMINATION

________________________

The Appeal Committee:

1. We grant leave to appeal in respect of the following question of law of great and general importance, namely:

“Are disciplinary proceedings conducted under the Prison Rules (Cap. 234A), involving punishment by way of forfeiture of remission, ‘criminal proceedings’ by a body of competent jurisdiction such that the rule against double jeopardy applies?”

2. The appeal will be listed for hearing on 2 September 2021.

(Andrew Cheung)	(Kemal Bokhary)	(Patrick Chan)
Chief Justice	Non-Permanent Judge	Non-Permanent Judge

Mr Derek Chan SC, and Mr Tien Kei-rui, instructed by Gallant, assigned by the Director of Legal Aid, for the applicant

HKSAR v. FU MAN KIT (符文傑)

Citation

Court

Procedural posture

Issues

Holdings

Legal principles

Disposition