Z v. HKSAR

FAMC No. 22 of 2006

IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MISCELLANEOUS PROCEEDINGS NO. 22 OF 2006 (CRIMINAL)

(ON APPLICATION FOR LEAVE TO APPEAL

FROM CACC NO. 506 OF 2004)

_______________

Between

	Z	Applicant
	- and -
	HONG KONG SPECIAL ADMINISTRATIVE REGION	Respondent

_______________

 

Appeal Committee :  Mr Justice Chan Acting CJ, Mr Justice Bokhary PJ and Mr Justice Ribeiro PJ

Date of Hearing : 26 October 2006

Date of Determination :  26 October 2006

_________________________

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

_________________________

Mr Justice Chan Acting CJ:

1.  The point of law which the applicant wishes to pursue in the Court of Final Appeal is that useful information provided by a defendant to a law enforcement agency is to be taken into account in mitigation of sentence even if such information was provided before his arrest (and not only, as the Court of Appeal held, if it was provided after his arrest).  We certify the point is one of great and general importance involved in the decision of the Court of Appeal from which the applicant seeks leave to appeal against sentence to the Court of Final Appeal, and we grant such leave.

(Patrick Chan) Acting Chief Justice

(Kemal Bokhary) Permanent Judge

(R A V Ribeiro) Permanent Judge

Mr Robert Y H Pang and Ms Cancy S S Liu (assigned by the Hong Kong Bar Association Free Legal Service Scheme) for the Applicant

Mr Cheung Wai-sun and Mr Robert Lee (of the Department of Justice) for the Respondent