HKSAR v. KWAN CHI WING

HKSAR v. KWAN CHI WING

The High Court granted the application and certified the proposed question because it raises a point of law of great and general importance within the meaning of section 32(2) Cap.484, warranting authoritative determination by the Court of Final Appeal.

Source-derived case information.

Citation
HKSAR v. KWAN CHI WING
Parties
Respondent: HKSAR
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
26 June 2009
Case Number
CACC201/2008
Procedural Posture
Application for Certificate Under Section 32 of the Hong Kong Court of Final Appeal Ordinance Cap.484 / Application for Certification of a Question of Law to the Court of Final Appeal
Outcome
Application allowed; proposed question of law certified for the Court of Final Appeal pursuant to section 32(2) Cap.484.
Legal Topics
Rape, Consent, Recklessness, Mens Rea, Certification of Question
Source Language
en
Criminal Law Appellate Procedure Statutory Interpretation Rape Consent Recklessness Mens Rea Certification of Question

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Parties

HKSAR

Respondent

Procedural Posture

Application for Certificate Under Section 32 of the Hong Kong Court of Final Appeal Ordinance Cap.484 / Application for Certification of a Question of Law to the Court of Final Appeal

Legal Issues

  1. 1 Does a person charged with rape act recklessly, as defined in HKSAR v Sin Kam Wah [2005] 8 HKCFAR, if he does not know and does not care whether the complainant is consenting (i.e. he 'could not have cared less')?

Ratio Decidendi

The High Court granted the application and certified the proposed question because it raises a point of law of great and general importance within the meaning of section 32(2) Cap.484, warranting authoritative determination by the Court of Final Appeal.

Court Disposition

Application allowed; proposed question of law certified for the Court of Final Appeal pursuant to section 32(2) Cap.484.

Orders

  • Application for certificate under s.32(2) Cap.484 allowed
  • The following question certified: "Does a person charged with rape act recklessly, as that term is defined in HKSAR v Sin Kam Wah [2005] 8 HKCFAR, in having sexual intercourse with the complainant if he does not know and does not care whether she is consenting, but carries on regardless?"