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CACC 424/2013
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF APPEAL
CRIMINAL APPEAL NO. 424 OF 2013
(ON APPEAL FROM HCCC NO. 323 OF 2012)
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BETWEEN
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HKSAR |
Respondent |
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and |
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MA SIN CHI (馬善智)
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1st Appellant |
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| Before: Hon Lunn VP, Macrae and McWalters JJA in Court |
| Date of Judgment: 20 October 2016 |
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J U D G M E N T
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Hon Lunn VP (giving the Judgment of the Court) :
1. On 22 September 2016 we refused to certify that a point of law great and general importance was involved in the decision dated 17 June 2016 quashing the 1st appellant's convictions after trial and ordering that he be retried. We said that the considerations relevant to ordering a retrial were well known and that the application of the law to the facts did not give rise to points of law of great and general importance.
2. In his written submissions, opposing the application that the Court certify that questions of law of great and general importance were involved in our decision, Mr Hui indicated that, if we refused the application, the respondent sought the costs of the application.
3. In our judgment we directed that, if the 1st appellant wished to oppose the application, he was to inform the Court of that opposition within 14 days of the judgment. The Court has received no such communication from the 1st appellant.
4. We are satisfied, and we so order, that the respondent is to have the costs of and occasioned by the application.
(Michael Lunn)
Vice President |
(Andrew Macrae)
Justice of Appeal |
(Ian McWalters)
Justice of Appeal |
Mr Martin Hui SC, DDPP and Ms Peggy Lo, SPP, of Department of Justice, for the respondent
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