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CACC 56/2006
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF APPEAL
criminal APPEAL NO. 56OF 2006
(ON APPEAL FROM DCCC NO. 614 of 2005)
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BETWEEN
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HKSAR |
Respondent |
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and |
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poon chun kit (潘俊傑) |
Applicant |
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Before : Hon Stuart-Moore VP, Tang VP and McMahon J
Date of Hearing : 7 August 2007
Date of Judgment : 7 August 2007
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J U D G M E N T
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Stuart-Moore, VP (giving the judgment of the Court):
1. This is an application, pursuant to section 32(2) of the Court of Final Appeal Ordinance, Cap. 484, for a certificate that a point of law of great and general importance was involved in the decision which we handed down on 27 April 2007. The point of law, annexed to a notice of motion and affirmation from the applicant, both dated 22 May 2007, reads as follows:
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Whether or not, for the offence of statutory conspiracy [section 159A Crimes Ordinance, Cap. 200], the prosecution is required to prove against each and every co-conspirator his individual intention to participate in the agreed course of conduct.” |
2. Having considered counsel’s general submissions, we decline to grant a certificate and this application is refused.
(M. Stuart-Moore)
Vice-President |
(Robert Tang)
Vice-President |
(M.A. McMahon)
Judge of the Court of First Instance |
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Mr Alex Lee, SADPP, of the Department of Justice, for the Respondent.
Mr Peter Chow, instructed by Messrs David Hui & Co., for the Applicant.
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