HKSAR v. CHAN KA CHUN
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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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BETWEEN
| HKSAR | Respondent | |
| and | ||
| CHAN KA CHUN（陳家俊） | 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: 6 February 2018 |
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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.
| (R A V Ribeiro) Permanent Judge | (Robert Tang) Permanent Judge | (Joseph Fok) Permanent Judge |
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