HKSAR v. FU MAN KIT (符文傑)
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FAMC No 29 of 2020
[2021] HKCFA 10
IN THE COURT OF FINAL APPEAL OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
MISCELLANEOUS PROCEEDINGS NO 29 OF 2020 (CRIMINAL)
(ON APPLICATION FOR LEAVE TO APPEAL FROM
HCMA NO 458 OF 2019)
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| BETWEEN | ||
| HKSAR | Respondent | |
| and | ||
| FU MAN KIT (符文傑) | Applicant |
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| Appeal Committee: Chief Justice Cheung, Mr Justice Bokhary NPJ and Mr Justice Chan NPJ |
| Date of Hearing and Determination: 17 March 2021 |
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DETERMINATION
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The Appeal Committee:
1. We grant leave to appeal in respect of the following question of law of great and general importance, namely:
“Are disciplinary proceedings conducted under the Prison Rules (Cap. 234A), involving punishment by way of forfeiture of remission, ‘criminal proceedings’ by a body of competent jurisdiction such that the rule against double jeopardy applies?”
2. The appeal will be listed for hearing on 2 September 2021.
| (Andrew Cheung) | (Kemal Bokhary) | (Patrick Chan) |
| Chief Justice | Non-Permanent Judge | Non-Permanent Judge |
Mr Derek Chan SC, and Mr Tien Kei-rui, instructed by Gallant, assigned by the Director of Legal Aid, for the applicant
Ms Hermina Ng, SPP, of the Department of Justice, for the respondent