HKSAR v. KWAN KA HEI
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FAMC No 44 of 2019
[2019] HKCFA 40
IN THE COURT OF FINAL APPEAL OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
MISCELLANEOUS PROCEEDINGS NO 44 OF 2019 (CRIMINAL)
(ON APPLICATION FOR LEAVE TO APPEAL FROM
HCMA NO 244 OF 2017)
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| BETWEEN | ||
| HKSAR | Respondent | |
| and | ||
| KWAN KA HEI (關迦曦) | Applicant |
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| Appeal Committee: Mr Justice Cheung Acting CJ, Mr Justice Ribeiro PJ and Mr Justice Fok PJ |
| Date of Hearing and Determination: 14 November 2019 |
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DETERMINATION
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Mr Justice Cheung Acting CJ:
1. We grant leave in respect of the question certified by Wong J in the following terms, namely:
“On the proper interpretation of section 55 of the Crimes Ordinance, Cap. 200, whether an explosive substance includes a substance used or manufactured with a view to producing a pyrotechnic effect?”
2. The appeal will be heard on 16 June 2020.
| (Andrew Cheung) | (R A V Ribeiro) | (Joseph Fok) |
| Acting Chief Justice | Permanent Judge | Permanent Judge |
Ms Charlotte Draycott SC and Ms Van Ma, instructed by C O Chan & Co, assigned by the Director of Legal Aid, for the applicant
Mr Andrew Li ADPP (Ag), of the Department of Justice, for the respondent