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FAMC No. 10 of 2004
IN THE COURT OF FINAL APPEAL OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
MISCELLANEOUS PROCEEDINGS NO. 10 OF 2004 (CRIMINAL)
(ON APPLICATION FOR LEAVE TO APPEAL
FROM CACC NO. 376 OF 2000)
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Between:
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LEE FUK HING
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Applicant
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AND
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HONG KONG SPECIAL ADMINISTRATIVE REGION
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Respondent
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Appeal Committee: Mr Justice Bokhary PJ, Mr Justice Chan PJ and Mr Justice Ribeiro PJ
Date of Hearing: 1 April 2004
Date of Determination: 1 April 2004
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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. We are persuaded on the basis of the first ground, and also on basis of the second ground inasmuch as it is tied in with the first one, that the applicant has a reasonably arguable case of substantial and grave injustice. So we grant him leave to appeal to the Court of Final Appeal on that limb. Having done so, we do not preclude him from advancing the third ground, too, before the Court, if he is so advised.
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(Kemal Bokhary)
Permanent Judge
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(Patrick Chan)
Permanent Judge
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(R.A.V. Ribeiro)
Permanent Judge
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Mr Robert Pang and Miss Pauline Leung (assigned by the Hong Kong Bar Association’s Free Legal Service Scheme) for the applicant
Mr David Leung (of the Department of Justice) for the respondent
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