Secretary For Justice v Chan Pak Shan

CourtCourt of Final Appeal (Hong Kong)
Judgment Date21 Mar 2018
Neutral Citation[2018] HKCFA 13
Judgement NumberFAMC55/2017
SubjectMiscellaneous Proceedings (Criminal)
FAMC43B/2017 SECRETARY FOR JUSTICE v. LAU KWOK LEUNG

FAMC Nos. 43 to 55 of 2017

[2018] HKCFA 13

IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MISCELLANEOUS PROCEEDINGS NOS. 43 TO 55 OF 2017 (CRIMINAL)

(ON APPLICATION FOR LEAVE TO APPEAL FROM

CAAR NO. 3 OF 2016)

_______________________

BETWEEN
SECRETARY FOR JUSTICE Respondent
(in FAMC 43-55/2017)
and
LEUNG HIU YEUNG (梁曉暘) (D1) 1st Applicant
(in FAMC 50/2017)
WONG HO MING (黃浩銘) (D2) 2nd Applicant
(in FAMC 51/2017)
LAU KWOK LEUNG (劉國樑) (D3) 3rd Applicant
(in FAMC 43/2017)
LEUNG WING LAI (梁穎禮) (D4) 4th Applicant
(in FAMC 52/2017)
LAM LONG YIN (林朗彥) (D5) 5th Applicant
(in FAMC 44/2017)
CHU WAI CHUNG (朱偉聰) (D6) 6th Applicant
(in FAMC 53/2017)
HO KIT WANG (何潔泓) (D7) 7th Applicant
(in FAMC 48/2017)
CHOW KOOT YIN, KOLE (周豁然) (D8) 8th Applicant
(in FAMC 49/2017)
YIM MAN WA (嚴敏華) (D10) 9th Applicant
(in FAMC 54/2017)
CHIU HIN CHUNG (招顯聰) (D11) 10th Applicant
(in FAMC 45/2017)
KWOK YIU CHEONG (郭耀昌) (D12) 11th Applicant
(in FAMC 46/2017)
WONG KAN YUEN (黃根源) (D14) 12th Applicant
(in FAMC 47/2017)
CHAN PAK SHAN (陳白山) (D15) 13th Applicant
(in FAMC 55/2017)

_______________________

Appeal Committee: Chief Justice Ma, Mr Justice Ribeiro PJ and Mr Justice Fok PJ
Date of Hearing and Determination: 21 March 2018

_______________________

D E T E R M I N A T I O N

_______________________

The Appeal Committee:

1. These applications for leave to appeal to the Court of Final Appeal arise out of a review by the Court of Appeal of sentences passed by a magistrate on the applicants after they were convicted of taking part in an unlawful assembly[1] at the Legislative Council Complex on 13 June 2014.

2. We grant leave to appeal to each of the applicants confined to the ground that it is reasonably arguable that substantial and grave injustice has been done to the applicants by reason of the Court of Appeal’s departure from the principle that an offender is to be sentenced on the existing or prevailing guideline or tariff of sentence existing at the time of the commission of the offence.

3. We also grant leave to appeal to the 5th and 6th applicants on the additional ground that it is...

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