HKSAR v. MAK WING WA (麥永華)

FAMC No. 37 of 2022

[2023] HKCFA 6

IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MISCELLANEOUS PROCEEDINGS NO. 37 OF 2022 (CRIMINAL)

(ON APPLICATION FOR LEAVE TO APPEAL

FROM HCMA NO. 448 OF 2021)

___________________________

___________________________

___________________________

DETERMINATION

___________________________

Mr Justice Fok Ag CJ:

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 taken part in the unlawful assembly alleged, the judge misapplied this Court’s judgment in HKSAR v Lo Kin Man[2021] HKCFA 37 as recently considered in HKSAR v Choy Kin Yue[2022] HKCFA 27.

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 23 June 2023.

Ms Karen Ng SPP and Ms Angela Wong PP, of the Department of Justice, for the Applicant

Mr H.Y. Wong, instructed by To, Lam & Co., assigned by the Director of Legal Aid, for the Respondent