Case Details

Citation

HKSAR v. LAI KAM FAT, FAMC 47/2018

Case Number

FAMC 47/2018

Court

Court of Final Appeal

(CFA)

Decision Date

18 January 2019

Parties

Applicant(s):

HKSAR

Respondent(s):

LAI KAM FAT

For Applicant(s):

Mr. Osmond Lam, Mr. Benson Tsoi, Mr. Ernest Yuen and Mr. Dexter Leung, instructed by Or & Lau Solicitors

For Respondent(s):

Martin Hui, SC, DDPP and Ms. Karen Ng, PP, of the Department of Justice; Mr. Martin Hui, SC, DDPP and Ms. Karen Ng, PP, of the Department of Justice

Judges

Ribeiro
Cheung
Stock

HKSAR v. LAI KAM FAT

[2019] HKCFA 4

Court of Final Appeal18 January 2019

Judges:RibeiroCheungStock

FAMC47/2018 HKSAR v. LAI KAM FAT

FAMC No. 47 of 2018

[2019] HKCFA 4

IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MISCELLANEOUS PROCEEDINGS NO. 47 OF 2018 (CRIMINAL)

(ON APPLICATION FOR LEAVE TO APPEAL FROM

CACC NO. 95 OF 2017)

_______________________

BETWEEN
	HKSAR	Respondent
	and
	LAI KAM FAT（黎錦發）	Applicant

_______________________

Appeal Committee: Mr Justice Ribeiro PJ, Mr Justice Cheung PJ and Mr Justice Stock NPJ

Date of Hearing and Determination: 18 January 2019

_______________________

DETERMINATION

_______________________

Mr Justice Ribeiro PJ:

1. We are satisfied that the following question of law is of the requisite importance and grant leave in respect thereof:

Where an indictment or charge of conspiracy to traffic in a dangerous drug (contrary to sections 4(1)(a), 4(3) and 39 of the Dangerous Drugs Ordinance, Cap 134, and sections 159A and 159C of the Crimes Ordinance, Cap 200), particularises a specific drug alleged to be the subject of the conspiracy, must the prosecution prove that the defendant charged with that conspiracy knew that that specific drug was the subject of the conspiracy or is it sufficient to prove that he knew that what was agreed to be trafficked was a dangerous drug ?

2. We refuse leave on the “substantial and grave injustice” basis.

3. The appeal will be listed for hearing on 3 September 2019.

(R A V Ribeiro)	(Andrew Cheung)	(Frank Stock)
Permanent Judge	Permanent Judge	Non-Permanent Judge

Mr. Osmond Lam, Mr. Benson Tsoi, Mr. Ernest Yuen and Mr. Dexter Leung, instructed by Or & Lau Solicitors, for the Applicant

Mr. Martin Hui, SC, DDPP and Ms. Karen Ng, PP, of the Department of Justice, for the Respondent

Citation

Court

Procedural posture

Issues

Holdings

Legal principles

Disposition

Appeal history

香港特別行政區訴鄧光賀及另一人
CFI · 27 Mar 2017
On appeal from
香港特別行政區訴黎錦發
CA · 29 May 2018 · [2018] HKCA 322
On appeal from
HKSAR v. LAI KAM FAT
CA · 4 Oct 2018 · [2018] HKCA 586
On appeal from
HKSAR v. LAI KAM FAT
CFA · 18 Jan 2019 · [2019] HKCFA 4
This judgment
香港特別行政區訴黎錦發
CFA · 3 Sept 2019 · [2019] HKCFA 36
On appeal from