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FAMC No. 1/2012
IN THE COURT OF FINAL APPEAL OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
MISCELLANEOUS PROCEEDINGS NO. 1 OF 2012 (CRIMINAL)
(ON APPLICATION FOR LEAVE TO APPEAL FROM CACC NO. 447 OF 2010)
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Between:
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HKSAR
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Respondent
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- and -
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CHAN HOI TAT |
Applicant
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| Appeal Committee: |
Mr Justice Bokhary PJ, Mr Justice Chan PJ and
Mr Justice Ribeiro PJ |
Date of Hearing: 5 July 2012
Date of Determination:
5 July 2012
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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. We grant the applicant leave to appeal to the Court of Final Appeal in order to challenge his conviction on the 5th, but only the 5th, charge. This we do under both limbs of s.32 (2) of the Court’s statute.
2. Under the “point of law” limb, leave is granted in respect of the applicant’s point regarding what, if any, relevance the lateness of a notice of alibi has when the weight of the alibi comes to be considered. And under the “substantial and grave injustice limb, leave is granted in order for the applicant to pursue his Brown v. Dunne point. No leave is granted in respect of the complaint regarding the giving of reasons for the rejection of the alibi.
| (Kemal Bokhary) |
(Patrick Chan) |
(RAV Ribeiro) |
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Permanent Judge |
Permanent Judge |
Permanent Judge |
Mr James McGowan, instructed by Jimmie K.S. Wong & Partners, for the applicant
Miss Agnes Chan, of the Department of Justice, for the respondent
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