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FAMC No. 8 of 2007
IN THE COURT OF FINAL APPEAL OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
MISCELLANEOUS PROCEEDINGS NO. 8 OF 2007 (CRIMINAL)
(ON APPLICATION FOR LEAVE TO APPEAL
FROM HCMA NO. 945 OF 2006)
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Between:
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YIM SUK HAN |
Applicant |
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and |
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HONG KONG SPECIAL ADMINISTRATIVE REGION |
Respondent |
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Appeal Committee : Mr Justice Bokhary PJ, Mr Justice Chan PJ and Mr Justice Ribeiro PJ
Date of Hearing : 31 May 2007
Date of Determination : 31 May 2007
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D E T E R M I N A T I O N
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Mr Justice Bokhary PJ :
1. Mr Khattak has, with great industry, put forward, in writing and in oral argument, everything that can possible be advanced on the applicant’s behalf. His task is a difficult one. Appeals to the Court of Final Appeal on the substantial and grave injustice ground are reserved for rare and exceptional cases – so rare and exceptional as to disclose a reasonably arguable complaint of a departure from accepted norms so seriously to the complainant’s disadvantage as to justify a second criminal appeal even in the absence of any real controversy on a point of law of great and general importance, the resolution of such controversy being the primary function of the Court of Final Appeal in the administration of criminal justice. In our view, this is not a case of that nature. Accordingly leave to appeal is refused.
(Kemal Bokhary)
Permanent Judge |
(Patrick Chan)
Permanent Judge |
(RAV Ribeiro)
Permanent Judge |
Mr Shahmim K Khattak (instructed by Messrs C K Chan & Co) for the applicant
Ms Mary Sin and Mr Isaac Tam (of the Department of Justice) for the respondent
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