FAMC No. 24 of 2004
IN THE COURT OF FINAL APPEAL OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
MISCELLANEOUS PROCEEDINGS NO. 24 OF 2004 (CRIMINAL)
(ON APPLICATION FOR LEAVE TO APPEAL
Appeal Committee: Mr Justice Bokhary PJ, Mr Justice Chan PJ and Sir Derek Cons NPJ
Date of Hearing: 20 July 2004
Date of Determination: 20 July 2004
D E T E R M I N A T I O N
Mr Justice Bokhary PJ:
1. The applicant seeks leave to appeal to the Court of Final Appeal on both limbs of s.32(2) of the Hong Kong Court of Final Appeal Ordinance, Cap. 484. Under the first limb, we certify the involvement of a point of law of great and general importance, being the one raisedby the question of whether genuine distress on the part of an alleged victim of sexual abuse is relevant to negative a suggestionby the defence that the alleged victim’s account is a fantasy.
2. Under the second limb, we are of the view that it is reasonably arguable that a substantial and grave injustice was done to the applicantby the admission of evidence of the alleged victim’s good character.
3. We grant the applicant leave to appeal to the Court of Final Appeal under both limbs of s.32(2).
Mr Wong Man Kit SC & Mr Luk King Wang (instructed by Messrs Au-Yueng, Cheng, Ho & Tin) for the appellant
Mr Cheung Wai-sun & Miss Winnie Lam (instructed by the Department of Justice) for the respondent