|
FAMC No. 7 of 2011
IN THE COURT OF FINAL APPEAL OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
MISCELLANEOUS PROCEEDINGS NO. 7 OF 2011 (CRIMINAL)
(ON APPLICATION FOR LEAVE TO APPEAL
FROM CACC NO.179 OF 2010)
____________________
Between:
| |
FU KOR KUEN PATRICK
LEE SHU YUEN FRANCIS |
1st Applicant
2nd Applicant |
| |
- and - |
|
| |
HONG KONG SPECIAL ADMINISTRATIVE REGION |
Respondent |
____________________
| Appeal Committee: |
Mr Justice Bokhary PJ, Mr Justice Chan PJ and
Mr Justice Ribeiro PJ |
| Date of Hearing: 7 June 2011 |
| Date of Determination: 7 June 2011 |
_________________________
D E T E R M I N A T I O N
_________________________
Mr Justice Bokhary PJ:
1. The circumstances of this case give rise to arguable points of law of great and general importance in regard to the elements of the offence of false trading under s.295 of the Securities and Futures Ordinance Cap.571, and, if it arises, the scope of the statutory defence thereto. We certify the involvement of those questions and grant leave to appeal to the Court of Final Appeal to pursue them.
(Kemal Bokhary)
Permanent Judge |
(Patrick Chan)
Permanent Judge |
(RAV Ribeiro)
Permanent Judge |
Mr Peter Duncan SC, Mr Edwin Choy and Mr Philip Chan (instructed by Messrs Haldanes) for the applicants
Mr David Leung (of the Department of Justice) for the respondent
|