18 Dec 2023
HKSAR v. TSIM SUM KIT, ADA
- Citation
- [2023] HKCFA 45
- Court
- Court of Final Appeal
- Case number
- FAMC38/2023
The court granted leave to appeal solely on the discrete constitutional question whether s3(2) of the Homicide Ordinance unjustifiably derogates the presumption of innocence and may need to be read down to an evidential burden because that question is of requisite importance and reasonably arguable; the court refused leave on the lies direction question because it did not properly arise on the facts and was not reasonably arguable that the trial judge departed from accepted norms.