HKSAR v. CHAN KA CHUN

FAMC No. 22 of 2017

[2018] HKCFA 8

IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MISCELLANEOUS PROCEEDINGS NO. 22 OF 2017 (CRIMINAL)

(ON APPLICATION FOR LEAVE TO APPEAL

FROM CACC NO. 226 OF 2013)

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D E T E R M I N A T I O N

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Mr Justice Fok PJ:

1.  We grant leave to appeal on the substantial and grave injustice ground on the basis that it is reasonably arguable that the trial judge’s comments in her summing-up to the jury relying on the mistranslated portions of the applicant’s video recorded interview may have resulted in the applicant not receiving a fair trial.

2.  The appeal will be heard on 13 June 2018.

Mr James Tze, instructed by Au-Yeung, Chan & Ho, assigned by the Director of Legal Aid, for the Applicant

Mr Eddie Sean, SADPP, of the Department of Justice, for the Respondent