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FAMC No. 69 of 2010
IN THE COURT OF FINAL APPEAL OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
MISCELLANEOUS PROCEEDINGS NO. 69 OF 2010 (CRIMINAL)
(ON APPLICATION FOR LEAVE TO APPEAL
FROM CACC NO. 96 OF 2007)
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Between:
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MOK SWEE CHUAN |
Applicant |
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- and - |
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HONG KONG SPECIAL ADMINISTRATIVE REGION |
Respondent |
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| Appeal Committee: |
Mr Justice Bokhary PJ, Mr Justice Chan PJ and
Mr Justice Ribeiro PJ |
| Date of Hearing: |
14 December 2010 |
| Date of Determination: |
14 December 2010 |
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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. While the Court of Appeal’s reasons for affirming this conviction may be open to question, it is plain beyond reasonable argument to the contrary that any real danger that the jury would put the previous conviction to any prejudicial use would have been removed by the trial judge’s directions.
2. Despite the care with which this application has been prepared and the ability with which it has been presented, leave to appeal is refused.
(Kemal Bokhary)
Permanent Judge |
(Patrick Chan)
Permanent Judge |
(R A V Ribeiro)
Permanent Judge |
Mr David Boyton (instructed by Messrs Joseph C. T. Lee & Co.) for the applicant
Ms Agnes Chan (of the Department of Justice) for the respondent
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