HKSAR v. LEUNG SHING CHI AND OTHERS

FAMC No. 6 of 2014

IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MISCELLANEOUS PROCEEDINGS NO. 6 OF 2014 (CRIMINAL)

(ON APPLICATION FOR LEAVE TO APPEAL FROM CACC NO. 382 OF 2012)

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Between:

	HKSAR	Respondent
	and
	LEUNG SHING CHI ( 梁盛志)	1st Applicant
	SO KA WAI ( 蘇嘉瑋)	2nd Applicant
	TANG YUK PO ( 鄧旭波)	3rd 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: 30 May 2014

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DETERMINATION

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Mr Justice Ribeiro PJ:

1. We grant leave to appeal on the basis that it is reasonably arguable that there has been a substantial and grave injustice in connection with the applicants’ trial by reason of flagrantly incompetent advice given to the applicants.

2. The hearing dates reserved are 1^st and 2^nd December 2014.

3. Bail is unopposed and granted on terms to be settled by the agreement of counsel on both sides.

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

Mr Clive Grossman SC leading Mr Osmond Lam and Ms Emerald Shek instructed by Leung & Lau, for the 1^st, 2^nd and 3^rd applicants

Mr William Tam DDPP and Ms Virginia Lau ADPP of the Department of Justice, for the respondent