30 Sept 2021
HKSAR v. FU MAN KIT (符文傑）
- Citation
- [2021] HKCFA 34
- Court
- Court of Final Appeal
- Case number
- FACC4/2021
BOR 11(6) applies only where there has been a final conviction or acquittal by a court exercising criminal jurisdiction in accordance with Hong Kong law and penal procedure; disciplinary proceedings under the Prison Rules do not qualify as such and therefore do not trigger BOR 11(6); likewise the common law discretionary stay for double jeopardy requires a prior determination by a court of competent jurisdiction; the Engel criteria apply to engagement of procedural fair trial guarantees but not to the substantive protection under BOR 11(6).