Case Details

Citation

HKSAR v. F.S.L., FAMC 34/2025

Case Number

FAMC 34/2025

Court

Court of Final Appeal

(CFA)

Decision Date

15 December 2025

Parties

Applicant(s):

HKSAR

Respondent(s):

F.S.L

For Respondent(s):

Ms Priscilia Lam SC and Mr Sean O’Reilly, instructed by Keith Lam Lau & Chan, assigned by the Director of Legal Aid; Mr Jonathan Man DDPP and Mr Ng Hay Lok Gabriel PP, of the Department of Justice

Judges

Ribeiro
Fok andMr Lam

HKSAR v. F.S.L.

[2025] HKCFA 24 · FAMC 34/2025

Court of Final Appeal15 December 2025

Judges:RibeiroFok andMr Lam

FAMC34/2025 HKSAR v. F.S.L.

FAMC No. 34 of 2025

[2025] HKCFA 24

IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MISCELLANEOUS PROCEEDINGS NO. 34 OF 2025 (CRIMINAL)

(ON APPLICATION FOR LEAVE TO APPEAL FROM

CACC NO. 174 OF 2022)

________________________

BETWEEN
	HKSAR	Applicant
	and
	F.S.L.	Respondent

________________________

Appeal Committee:

Mr Justice Ribeiro PJ, Mr Justice Fok PJ and
Mr Justice Lam PJ

Date of Hearing and Determination:

15 December 2025

________________________

DETERMINATION

________________________

The Appeal Committee:

1. We are satisfied that a point of law of great and general importance is involved in the appeal and grant leave to appeal in respect of it, namely:

“Is sexual gratification on the part of the offender an essential element of the offence of indecent conduct with or towards a child under the age of 16 under section 146 of the Crimes Ordinance, Cap. 200?”

2. The appeal will be listed to be heard on 13 March 2026.

(R A V Ribeiro)
Permanent Judge

(Joseph Fok)
Permanent Judge

(M H Lam)
Permanent Judge

Mr Jonathan Man DDPP and Mr Ng Hay Lok Gabriel PP, of the Department of Justice, for the Applicant

Ms Priscilia Lam SC and Mr Sean O’Reilly, instructed by Keith Lam Lau & Chan, assigned by the Director of Legal Aid, for the Respondent

Citation

Court

Procedural posture

Issues

Holdings

Legal principles

Disposition

Appeal history

CACC 174/2022
Judgment not in library
On appeal from
香港特別行政區訴 F.S.L.
CFI · 6 Oct 2022 · [2022] HKCFI 3383
On appeal from
香港特別行政區訴 F.S.L.
CA · 5 Feb 2025 · [2025] HKCA 598
On appeal from
HKSAR v. F.S.L.
CFA · 15 Dec 2025 · [2025] HKCFA 24
This judgment
HKSAR v. F.S.L.
CFA · 14 Apr 2026 · [2026] HKCFA 13
On appeal from