HKSAR v. CHOY KIN YUE (蔡健瑜)
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FAMC No. 11 of 2022
[2022] HKCFA 14
IN THE COURT OF FINAL APPEAL OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
MISCELLANEOUS PROCEEDINGS NO. 11 OF 2022 (CRIMINAL)
(ON APPLICATION FOR LEAVE TO APPEAL
FROM HCMA NO. 421 OF 2021)
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| BETWEEN | ||
| HKSAR | Applicant | |
| and | ||
| CHOY KIN YUE (蔡健瑜) (D5) | Respondent |
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Appeal Committee: Mr Justice Fok PJ, Mr Justice Lam PJ and Mr Justice Stock NPJ
Date of Hearing and Determination: 11 July 2022
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D E T E R M I N A T I O N
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The Appeal Committee:
1. We are satisfied that it is reasonably arguable that, in allowing the respondent’s appeal against his conviction for taking part in an unlawful assembly on the ground that it was not an irresistible inference that the respondent had the necessary participatory intent for the offence, the judge misapplied this Court’s judgment in HKSAR v Lo Kin Man[2021] HKCFA 37.
2. Accordingly, we grant leave to the appellant to appeal against the judgment below on the ground that it is reasonably arguable that, in allowing the magistracy appeal and quashing the respondent’s conviction, substantial and grave injustice has been done.
3. The appeal will be listed to be heard on 29 November 2022.
| (Joseph Fok) Permanent Judge | (M H Lam) Permanent Judge | (Frank Stock) Non-Permanent Judge |
Mr Ivan Cheung ADPP (Ag) and Ms Jennifer Tsui SPP (Ag), of the Department of Justice, for the Applicant
Mr Brian Tsui, instructed by Chak & Associates LLP, for the Respondent