2 Nov 2018
HKSAR v. LEW MON HUNG
- Citation
- [2018] HKCFA 48
- Court
- Court of Final Appeal
- Case number
- FAMC50/2018
The Court granted leave to appeal on the pivotal question whether the prosecution must prove that the person approached could lawfully stop or interfere with an investigation to establish an attempt to pervert the course of justice; it certified ancillary constitutional and administrative law questions concerning the ICAC Commissioner's and the Chief Executive's operational discretion under common law versus the statutory mandatory duty in s12(b) of the ICAC Ordinance, to be addressed only if the primary question is answered affirmatively; leave on the substantial and grave injustice ground w…