HKSAR v. WONG SUI CHING

FAMC No. 47 of 2011

IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MISCELLANEOUS PROCEEDINGS NO. 47 OF 2011 (CRIMINAL)

(ON APPLICATION FOR LEAVE TO APPEAL FROM HCMA 730 OF 2010)

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Between:

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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 is an application by the prosecution for leave to appeal to the Court of Final Appeal in order to pursue a point of law of great and general importance which it has formulated as follows:

“Whether pursuant to section 59(2)(a) of the Crimes Ordinance (Cap.200), property shall be treated as belonging to a person having the custody or control of it only if the custody or control is lawful?”

2.  We certify that point and grant the prosecution leave to appeal to the Court of Final Appeal to pursue it.