HKSAR v. TSE SO SO

FAMC No. 58 of 2006

IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION 

MISCELLANEOUS PROCEEDINGS NO. 58 OF 2006 (CRIMINAL)

(ON APPLICATION FOR LEAVE TO APPEAL

FROM HCMA NO. 282 OF 2006)

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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:

1. We grant the prosecution leave to appeal in order to pursue the questions of law certified by Deputy High Court Judge Barnes (as she then was).  This leaves the respondent free, as the prosecution concedes, to resist the appeal not only in the context of the certified questions but even on other grounds such as, for example, the one which Deputy Judge Barnes called “the balance column point”.  We record that the prosecution has said that even if the Court of Final Appeal were to be against the respondent on all points, it would nevertheless be open to the Court, having stated the law, to stop short of restoring the convictions.  That is something for the Court to consider and take a view on, and we say nothing more about it.

2. The certified questions require urgent answers.  So the appeal which we grant leave to bring will be heard on Tuesday, 3 July 2007.  As we told the respondent during the hearing of this leave application, the options open to her – apart from seeking private legal representation, approaching the Legal Aid Department or appearing in person – include approaching the Hong Kong Bar Association Free Legal Service Scheme.  We have asked a member of the Court’s staff to give the respondent the address and telephone number of the scheme, and we hope and trust that the scheme will assist the respondent as may be appropriate.