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FAMC No. 30 of 2008
IN THE COURT OF FINAL APPEAL OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
MISCELLANEOUS PROCEEDINGS NO. 30 OF 2008 (CRIMINAL)
(ON APPLICATION FOR LEAVE TO APPEAL
FROM CACC NO. 486 OF 1998)
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| BETWEEN |
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CAI ZONG GANG |
Applicant |
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and |
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HONG KONG SPECIAL ADMINISTRATIVE REGION |
Respondent |
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Appeal Committee : Mr Justice Bokhary PJ, Mr Justice Chan PJ and Mr Justice Ribeiro PJ
Date of Hearing : 17 June 2008
Date of Determination : 17 June 2008
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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 :
Having regard to all the circumstances, particularly what the recorder told the jury and what he omitted to tell them after they had purported to return a verdict by majority of 4 to 3, it is reasonably arguable that there was, in regard to their function and position, a departure from accepted norms to the applicant’s disadvantage sufficiently serious to constitute a substantial and grave injustice. Accordingly leave to appeal to the Court of Final Appeal is granted on the substantial and grave injustice ground.
| (Kemal Bokhary) |
(Patrick Chan) |
(RAV Ribeiro) |
| Permanent Judge |
Permanent Judge |
Permanent Judge |
Mr Richard Wong Tat Wah (instructed by Messrs Haldanes and assigned by the Legal Aid Department) for the applicant
Ms Louisa Lai (of the Department of Justice) for the respondent
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