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FAMC No. 49 of 2009
IN THE COURT OF FINAL APPEAL OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
MISCELLANEOUS PROCEEDINGS NO. 49 OF 2009 (CRIMINAL)
(ON APPLICATION FOR LEAVE TO APPEAL
FROM HCMA NO. 231 OF 2009)
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KO MAN CHUN |
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 : 23 September 2009
Date of Determination : 23 September 2009
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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 :
On the basis of a reasonable argument that the magistrate had, in rejecting the alibi, misapprehended the evidence in a material respect and that this error does not appear to have been considered either adequately or at all by the appeal judge, we grant leave to appeal to the Court of Final Appeal on the “substantial and grave injustice” ground.
(Kemal Bokhary)
Permanent Judge |
(Patrick Chan)
Permanent Judge |
(RAV Ribeiro)
Permanent Judge |
Mr M.K. Wong SC and Mr Lawrence Hui (instructed by Messrs Hagon Wai & Partners) for the applicant
Mr Cheung Wai-sun (of the Department of Justice) for the respondent
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