LAM CHI KWONG v. HKSAR
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FAMC No. 3 of 2008
IN THE COURT OF FINAL APPEAL OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
MISCELLANEOUS PROCEEDINGS NO. 3 OF 2008 (CRIMINAL)
(ON APPLICATION FOR LEAVE TO APPEAL
FROM CACC NO. 394 OF 2000)
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| BETWEEN | ||
| LAM CHI KWONG | Applicant | |
| and | ||
| HONG KONG SPECIAL ADMINISTRATIVE REGION | Respondent |
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| Appeal Committee : Mr Justice Bokhary PJ, Mr Justice Chan PJ and Mr Justice Ribeiro PJ |
| Date of Hearing : 28 April 2008 |
| Date of Determination : 28 April 2008 |
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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. Leave to appeal is granted on the substantial and grave injustice ground. It is granted on the basis that it is reasonably arguable that there was a sufficiently serious departure from accepted norms in the directions to the jury on : one, how they should go about their deliberations; and, two, the position if they cannot achieve the majority that constitutes a verdict.
| (Kemal Bokhary) Permanent Judge | (Patrick Chan) Permanent Judge | (RAV Ribeiro) Permanent Judge |
Mr Benjamin Chain (instructed by Messrs Tang Tso & Lau and assigned by the Legal Aid Department) for the applicant
Mr John Reading SC and Mr Vincent Wong (of the Department of Justice) for the respondent