HKSAR v. LO KIN SUN
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FAMC No. 24 of 2019
[2020] HKCFA 20
IN THE COURT OF FINAL APPEAL OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
MISCELLANEOUS PROCEEDINGS NO. 24 OF 2019 (CRIMINAL)
(ON APPLICATION FOR LEAVE TO APPEAL FROM
HCMA NO. 583 OF 2017)
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| BETWEEN | ||
| HKSAR | Respondent | |
| and | ||
| LO KIN SUN (盧建新) | Applicant |
________________________
| Appeal Committee: Mr Justice Ribeiro PJ, Mr Justice Fok PJ and Mr Justice Cheung PJ |
| Date of Hearing and Determination: 7 July 2020 |
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DETERMINATION
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Appeal Committee:
1. We are satisfied that it is reasonably arguable that there has been a substantial and grave injustice in that the conduct of the trial and the treatment of the evidence may have miscarried so that the defendant was denied a fair trial. We grant leave accordingly.
2. The appeal will be listed for hearing on 4 January 2021.
| (R A V Ribeiro) | (Joseph Fok) | (Andrew Cheung) |
| Permanent Judge | Permanent Judge | Permanent Judge |
Mr Eric TM Cheung, Solicitor Advocate and Mr Carter Chim, instructed by ONC Lawyers on a pro bono basis, for the Applicant
Mr Derek Lau, SPP, of the Department of Justice, for the Respondent