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FAMC000009/2002
FAMC No. 9 of 2002
IN THE COURT OF FINAL APPEAL OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
MISCELLANEOUS PROCEEDINGS NO. 9 OF 2002 (CRIMINAL)
(ON APPLICATION FOR LEAVE TO APPEAL
FROM CACC NO. 182 OF 2001)
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HONG KONG SPECIAL ADMINISTRATIVE REGION |
Applicant |
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CHU KAM YIU |
1st Respondent |
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CHOW CHI WANG ADDY |
2nd Respondent |
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HON PUI TAK |
3rd Respondent |
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Appeal Committee: Mr Justice Bokhary PJ, Mr Justice Chan PJ and Mr Justice Ribeiro PJ
Date of Hearing: 19 April 2002
Date of Determination: 19 April 2002
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DETERMINATION
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Mr Justice Bokhary PJ:
1. We thank all counsel for their very full written submissions and their concise oral submissions.
2. The Court of Appeal decided in favour of the defence. Then upon the prosecution's application, the Court of Appeal certified that its decision involved points of law of great and general importance. The prosecution now asks us to grant leave to appeal to the Court of Final Appeal so that those points may be pursued.
3. In our view, this matter merits consideration by the Court of Final Appeal. Accordingly we extend time for seeking leave to appeal to the Court of Final Appeal and grant the prosecution such leave so that the certified points may be pursued.
[Discussion with counsel on dates]
4. All counsel are content that the hearing of the appeal be fixed to commence at 10.00 A.M. on Thursday, 21 November 2002. The hearing is so fixed.
| (Kemal Bokhary) |
(Patrick Chan) |
(R.A.V. Ribeiro) |
| Permanent Judge |
Permanent Judge |
Permanent Judge |
Representation:
Mr John Reading SC and Mr Alex Lee (of the Department of Justice) for the applicant
Mr Ching Y. Wong SC, Mr Peter Chow and Ms Barbara Cheng (instructed by M/s Joseph Chu, Lo & Lau) for the 1st and 2nd respondents
Mr David Boyton (instructed by M/s Shum & Co.) for the 3rd respondent
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