HKSAR v. HABIBULLAH ABDUL RAHMAN AND OTHERS

CACC 302/2008

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CRIMINAL APPEAL NO. 302 OF 2008

(ON APPEAL FROM DCCC NO. 980 OF 2006)

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J U D G M E N T

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Hon Stock VP (giving the judgment of the Court):

1.  These are applications under section 32 of the Hong Kong Court of Final Appeal Ordinance, Cap. 484 for certification of a series of suggested questions said to be of great and general importance and involved in the decision of this Court handed down on 31 March 2010. 

2.  We have before us three Notices of Motion: one by the 2^nd defendant which houses six questions; one by the 6^th defendant, Mr Lai, which houses three questions which are reflected in the questions posed on behalf of the 2^nd defendant; and also a notice of motion by the 4^th defendant, Ms Lam, although in her case we have not heard argument because she is unrepresented and we have intimated to her that were the other applicants unsuccessful, we would grant her an adjournment for the purpose of her representation.  

3.  We refuse to certify any of the questions proposed to us so that in the case of the 2^nd and the 6^th defendants, their applications are dismissed.