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FAMC No. 40 of 2015
IN THE COURT OF FINAL APPEAL OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
MISCELLANEOUS PROCEEDINGS NO. 40 OF 2015 (CRIMINAL)
(ON APPLICATION FOR LEAVE TO APPEAL FROM
HCMA NO. 208 OF 2015)
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BETWEEN:
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HKSAR
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Applicant
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and
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TSE MAN FEI ( 謝文飛)
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Respondent
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Appeal Committee: Mr Justice Ribeiro PJ, Mr Justice Tang PJ and
Mr Justice Fok PJ
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| Date of Hearing and Determination: 1 February 2016 |
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DETERMINATION
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Mr Justice Ribeiro PJ :
1. We grant leave to appeal on a point of law which we certify in the following terms:
“In the context of a prosecution for an offence of displaying a poster on Government land without written permission of the Authority (contrary to sections 104A(1)(b), 104A(2) and 150 of the Public Health and Municipal Services Ordinance, Cap. 132), what act or conduct by a defendant must the prosecution prove in order to satisfy the element of ‘displaying’?”
2. We refuse leave to appeal on the proposed “substantial and grave injustice” basis relying on the doctrine of joint enterprise.
3. The appeal will be heard on 7 June 2016.
| (R.A.V. Ribeiro) |
(Robert Tang) |
(Joseph Fok) |
| Permanent Judge |
Permanent Judge |
Permanent Judge |
Mr Raymond Cheng SPP, of the Department of Justice, for the Applicant
Mr Jackson Poon, instructed by ONC Lawyers, assigned by the Director of Legal Aid, for the Respondent
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