HKSAR v. CHOW HO YIN (鄒浩賢)
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FAMC No. 19 of 2019
[2019] HKCFA 28
IN THE COURT OF FINAL APPEAL OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
MISCELLANEOUS PROCEEDINGS NO. 19 OF 2019 (CRIMINAL)
(ON APPLICATION FOR LEAVE TO APPEAL
FROM CACC NO. 116 OF 2018)
___________________________
BETWEEN
| HKSAR | Respondent | |
| and | ||
| CHOW HO YIN (鄒浩賢) | Applicant |
| __________________________ |
Appeal Committee: Chief Justice Ma, Mr Justice Fok PJ and Mr Justice Chan NPJ
Date of Hearing and Determination: 26 July 2019
___________________________
DETERMINATION
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The Appeal Committee:
1. Leave to appeal is granted on the substantial and grave injustice ground, it being arguable that the applicant was deprived of a fair trial by the trial judge’s refusal to grant an adjournment due to the applicant’s stated inability to attend court by reason of illness and instead continuing with the trial in his absence.
2. The appeal will be heard on 28 November 2019.
| (Geoffrey Ma) | (Joseph Fok) | (Patrick Chan) |
| Chief Justice | Permanent Judge | Non-Permanent Judge |
Mr James Tze, instructed by H.Y. Leung & Co. LLP and assigned by the Director of Legal Aid, and Mr Tom Cheung, instructed by H.Y. Leung & Co. LLP on a pro bono basis, for the Applicant
Mr Ira Lui SADPP (Ag.) and Mr Andy Lo SPP (Ag.), of the Department of Justice, for the Respondent