22 Mar 2019
HKSAR v. MAK WAN LING
- Citation
- [2019] HKCFA 11
- Court
- Court of Final Appeal
- Case number
- FAMC66/2018
The Court held that a Court of Appeal judgment resolving a reserved question of law under section 81 CPO can constitute a final judgment for the purposes of section 31 HKCFAO when it determines a substantive, dominant issue that will govern the re-trial; applying that principle, the Court of Appeal's judgment on the mens rea for gross negligence manslaughter is a final decision and leave to appeal to the Court of Final Appeal was granted on the stated legal question.