FAMC Nos 12 &13 of 2006
IN THE COURT OF FINAL APPEAL OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
MISCELLANEOUS PROCEEDINGS NOS 12 &13 OF 2006 (CRIMINAL)
(ON APPLICATION FOR LEAVE TO APPEAL
FROM CACC NO. 287 OF 2004)
Appeal Committee: Mr Justice Bokhary PJ, Mr Justice Chan PJ and Mr Justice Ribeiro PJ
Date of Hearing: 23 May 2006
Date of Determination: 23 May 2006
D E T E R M I N A T I O N
Mr Justice Bokhary PJ:
1. On the substantial and grave injustice ground, we grant these three applicants leave to appeal to the Court of Final Appeal, suchleave being limited to the complaints made against the directions to the jury on how they should go about their deliberations andon the position in the event of their being unable to achieve the majority that constitutes a verdict.
[Counsel heard on the question of bail pending appeal.]
2. Bail pending appeal is granted to Mr Chan Kar Leung on the terms set out in para. 8 of his Affirmation dated 19 May 2006 plus thecondition that he reports to the police at Central Police Station every Monday and Friday between 6 pm and 9 pm.
3. Mr Benjamin Chain for the other two applicants says that at present he has no instructions to apply for bail pending appeal on theirbehalf but asks for leave to make such application to a single permanent judge of this Court. We direct that any such applicationbe made to a single permanent judge of this Court.
Mr Gary Plowman SC, Ms Amendy Leung and Mr Derek Chan (instructed by Messrs Ho & Ip) for Chan Kar Leung (applicant in FAMC No.13 of 2006)
Mr Benjamin Chain (instructed by Messrs King & Company) for Ku Chau Wan, Bonnie and Ku Pui Wan (applicants in FAMC No. 12 of 2006)
Mr John Reading SC and Mr Beney Wong (of the Department of Justice) for the respondent