HKSAR v. NG FAN YING (吳藩英)
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FAMC No. 22 of 2021
[2021] HKCFA 30
IN THE COURT OF FINAL APPEAL OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
MISCELLANEOUS PROCEEDINGS NO. 22 OF 2021 (CRIMINAL)
(ON APPLICATION FOR LEAVE TO APPEAL FROM
HCMA NO. 571 OF 2019)
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| BETWEEN | ||
| HKSAR | Respondent | |
| and | ||
| NG FAN YING (吳藩英) | Applicant |
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| Appeal Committee: Mr Justice Ribeiro PJ, Mr Justice Fok PJ and Mr Justice Lam PJ |
| Date of Hearing and Determination: 11 August 2021 |
_______________________
DETERMINATION
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Mr Justice Ribeiro PJ:
1. Exceptionally in this case, we are satisfied that leave to appeal should be granted on the basis that it is reasonably arguable that by reason of particular restrictions on cross-examination imposed at trial, the applicant was deprived of a fair trial and so suffered a substantial and grave injustice.
2. The appeal will be listed for hearing on 25 November 2021.
| (R A V Ribeiro) Permanent Judge | (Joseph Fok) Permanent Judge | (M H Lam) Permanent Judge |
Mr Marc Corlett and Mr Marco S. P. Tse, instructed by S. K. Wong & Co., for the Applicant
Mr David Chan, SADPP and Ms Laura Liu, SPP (Ag.), of the Department of Justice, for the Respondent