NG MEI FA v. HKSAR

FAMC No. 95 of 2010

IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MISCELLANEOUS PROCEEDINGS NO. 95 OF 2010 (CRIMINAL)

(ON APPLICATION FOR LEAVE TO APPEAL FROM CACC 420 OF 2009)

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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. As Mr Peter Duncan SC for the applicant rightly accepts, the “substantial and grave injustice” ground does not involve the Court of Final Appeal functioning as a second court of criminal appeal.  But if this matter were to proceed, that is precisely how the Court of Final Appeal would be invited to function.  Leave to appeal cannot be granted.  It is refused.