HKSAR v. KONG WAI LUN

FAMC No. 17 of 2014

IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MISCELLANEOUS PROCEEDINGS NO. 17 OF 2014 (CRIMINAL)

(ON APPLICATION FOR LEAVE TO APPEAL FROM CACC NO. 51 OF 2011)

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Between:

	HKSAR	Respondent
	and
	KONG WAI LUN (江偉倫)	Applicant

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Appeal Committee: Mr Justice Ribeiro PJ, Mr Justice Tang PJ and Mr Justice Fok PJ

Date of Hearing and Determination: 4 June 2014

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DETERMINATION

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Mr Justice Ribeiro PJ:

1.  We grant leave to appeal on the ground that the following question of the requisite importance arises, namely:

“What is the correct principle for determining when a witness may be cross-examined as to past misconduct in a different case with a view to challenging his or her credit in the instant case; and for determining when, if at all, evidence may be led to impeach answers given by such witness in the course of such cross-examination”?

2.  The appeal will be heard on 5 January 2015.

(R.A.V. Ribeiro)	(Robert Tang)	(Joseph Fok)
Permanent Judge	Permanent Judge	Permanent Judge

Mr Phillip Ross instructed by Patrick Mak & Tse, assigned by Director of Legal Aid, for the applicant

Mr William Tam, DDPP and Ms Noelle Chit, PP of the Department of Justice, for the respondent