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FAMC No. 56 of 2004
IN THE COURT OF FINAL APPEAL OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
MISCELLANEOUS PROCEEDINGS NO. 56 OF 2004 (CRIMINAL)
(ON APPLICATION FOR LEAVE TO APPEAL
FROM CACC NO. 44 OF 2004)
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Between:
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LAM WAI MING |
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: 15 December 2004
Date of Determination: 15 December 2004
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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. This application has been argued by Mr Edwin Choy with great ability. But, in the final analysis, we feel unable to accede to his arguments. In relation to both points urged by Mr Choy, what the trial judge said in his reasons for verdict is open to criticism, and the way in which the Court of Appeal attempted to rationalize what the trial judge said is not entirely satisfactory either. But the reality of the whole of the case has to be considered. And when that is done, we feel able to say with confidence that there was a sound basis for convicting and that the flaws in the reasons for the verdict are to be attributed to looseness of language only.
2. In those circumstances, we do not see any justification for letting this matter proceed to the Court of Final Appeal. With an expression of our indebtedness to Mr Choy for his able arguments, we refuse leave to appeal.
| (Kemal Bokhary) |
(Patrick Chan) |
(R.A.V. Ribeiro) |
| Permanent Judge |
Permanent Judge |
Permanent Judge |
Mr Edwin Choy (instructed by Messrs Clarence Wong, Cheung & Liu) for the applicant
Mr Robert S.K. Lee (of the Department of Justice) for the respondent
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