Case Details

Citation

HKSAR v. CHU ANG (趙鶯), FAMC 34/2019

Case Number

FAMC 34/2019

Court

Court of Final Appeal

(CFA)

Decision Date

15 November 2019

Parties

Applicant(s):

HKSAR

Respondent(s):

CHU ANG (趙鶯)

For Respondent(s):

Mr Robert S K Lee, SC and Ms Cathy W Y Chan, instructed by LCP; Mr William Tam, SC, DDPP and Ms Karen Yuen, SPP, of the Department of Justice

HKSAR v. CHU ANG (趙鶯)

[2019] HKCFA 42

Court of Final Appeal15 November 2019

FAMC34/2019 HKSAR v. CHU ANG (趙鶯)

FAMC No. 34 of 2019

[2019] HKCFA 42

IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MISCELLANEOUS PROCEEDINGS NO. 34 OF 2019 (CRIMINAL)

(ON APPLICATION FOR LEAVE TO APPEAL FROM

HCMA NO. 119 OF 2018)

________________________

BETWEEN

	HKSAR	Applicant
	and
	CHU ANG (趙鶯)	Respondent

________________________

Appeal Committee: Mr Justice Ribeiro PJ, Mr Justice Fok PJ and Mr Justice Chan NPJ

Date of Hearing and Determination: 15 November 2019

________________________

DETERMINATION

________________________

Mr Justice Ribeiro PJ:

1. We accept that guidance would be helpful in connection with the establishment of the status of “agent” for the purposes of section 9 of the Prevention of Bribery Ordinance (Cap 201) and grant leave on the basis that it is reasonably arguable that there has been substantial and grave injustice in that the law has been misapplied in the decisions below.

2. The appeal will be heard on 21 February 2020.

(R A V Ribeiro)	(Joseph Fok)	(Patrick Chan)
Permanent Judge	Permanent Judge	Non-Permanent Judge

Mr William Tam, SC, DDPP and Ms Karen Yuen, SPP, of the Department of Justice, for the Applicant

Mr Robert S K Lee, SC and Ms Cathy W Y Chan, instructed by LCP, for the Respondent

HKSAR v. CHU ANG (趙鶯)

Citation

Court

Procedural posture

Issues

Holdings

Legal principles

Disposition