HKSAR v. LIANG YAOQIANG (梁耀強)
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FAMC No. 6 of 2021
[2021] HKCFA 12
IN THE COURT OF FINAL APPEAL OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
MISCELLANEOUS PROCEEDINGS NO. 6 OF 2021 (CRIMINAL)
(ON APPLICATION FOR LEAVE TO APPEAL
FROM CACC NO. 131 OF 2018)
____________________
| BETWEEN | ||
| HKSAR | Respondent | |
| and | ||
| LIANG YAOQIANG (梁耀強) | Applicant |
____________________
| Appeal Committee: Mr Justice Ribeiro PJ, Mr Justice Fok PJ and Mr Justice Tang NPJ |
| Date of Hearing and Determination: 29 March 2021 |
_________________________
D E T E R M I N A T I O N
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Mr Justice Ribeiro PJ:
1. We grant leave to appeal on the substantial and grave injustice basis on the footing that it is reasonably arguable that in ordering a third retrial for murder, the exercise of discretion by the majority of the Court of Appeal miscarried.
2. As we made plain at the hearing, this does not include argument based on the alleged diagnosis of Major Depressive Disorder.
3. The appeal will be listed for hearing on 24 June 2021.
| (R A V Ribeiro) Permanent Judge | (Joseph Fok) Permanent Judge | (Robert Tang) Non-Permanent Judge |
Mr Robert Pang SC and Ms Denise Souza, instructed by Tse Yuen Ting Wong, assigned by the Director of Legal Aid, for the Applicant
Mr Ira Lui ADPP and Mr Andy Lo SPP, of the Department of Justice, for the Respondent