HABIB AHMED v. HKSAR

FAMC No. 55 of 2009

IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MISCELLANEOUS PROCEEDINGS NO. 55 OF 2009 (CRIMINAL)

(ON APPLICATION FOR LEAVE TO APPEAL
FROM CACC NO. 400 OF 2007)

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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.  It is reasonably arguable that the way in which the Court of Appeal concluded that the misdirection in regard to entry into the premises was immaterial ran counter to accepted norms. On this basis, the applicant is granted leave to appeal to the Court of Final Appeal.