In 2012, the appellant had been convicted after trial on one charge of conspiracy to defraud and served his sentence. On 14 March 2014, the Court of Appeal dismissed his application for leave to appeal against conviction. On 4 August 2014, the Court of Final Appeal granted the appellant leave to appeal from the judgment of the Court of Appeal. However, the appellant passed away before the scheduled hearing could take place before the Court of Final Appeal. The appellant’s widow wished to continue the appellant’s appeal. On 14 January 2015, the appellant’s widow took out a summons for leave to be made a party to the appeal and for the appeal to be carried on as if she had been substituted for the appellant notwithstanding his death. The Court was therefore concerned only with the disposal of that summons and not the disposal of the substantive appeal.
The CFA determined and answered the following questions:
Full Judgment: HKSAR -v- CHENG CHEE-TOCK THEODORE (成之德) FACC No. 7 of 2014