|
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)
_____________________
Between:
| |
MUHAMMAD RIAZ KHAN
|
Applicant |
| |
- and -
|
|
| |
HONG KONG SPECIAL ADMINISTRATIVE REGION
|
Respondent |
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
_____________________
D E T E R M I N A T I O N
_____________________
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).
| (Kemal Bokhary) |
(Patrick Chan) |
(RAV Ribeiro) |
| Permanent Judge |
Permanent Judge |
Permanent Judge |
Mr James W Campbell (instructed by Messrs Pang, Kung & Co.) for the applicant
Mr David Leung (of the Department of Justice) for the respondent
|