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FAMC No. 26 of 1999
IN THE COURT OF FINAL APPEAL OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
MISCELLANEOUS PROCEEDINGS NO. 26 OF 1999 (CRIMINAL)
(ON APPLICATION FOR LEAVE TO APPEAL
FROM HCMA No. 276 OF 1999)
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HO TAM KUN |
Applicant |
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HONG KONG SPECIAL ADMINISTRATIVE REGION |
Respondent |
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Appeal Committee: Mr Justice Litton PJ, Mr Justice Ching PJ and Mr Justice Nazareth NPJ
Date of Hearing: 3 November 1999
Date of Determination: 3 November 1999
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D E T E R M I N A T I O N
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Mr Justice Litton PJ:
1. This is the determination of the Appeal Committee.
2. The applicant was convicted after trial in a magistrate's court on one charge of common assault. The incident occurred at the Macau Ferry Terminal. There were three prosecution witnesses who testified to the events alleged by the prosecution. Their testimony was accepted by the magistrate. On 11 September 1999 the applicant's appeal to the High Court against his conviction was dismissed. He now seeks leave to appeal to the Court of Final Appeal.
3. There is no point of law of great and general importance involved in the decision. In these circumstances it is only in the most exceptional of circumstances that leave to appeal is given. No such circumstances have been shown in this case.
4. The application is dismissed.
| (Henry Litton) |
(Charles Ching) |
(G.P. Nazareth) |
| Permanent Judge |
Permanent Judge |
Non-Permanent Judge |
Representation:
Applicant, Ho Tam Kun in person
Mr Cheung Wai Sun, DPGC of Department of Justice, for the Respondent
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