HKSAR v. CHAN CHIN HUNG, ANDERS AND ANOTHER

CACC 163/2003

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

criminal APPEAL NO. 163 OF 2003

(ON APPEAL FROM DCCC 631 of 2002)

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J U D G M E N T

Stuart-Moore, Ag CJHC (giving the judgment of the Court):

1.  This is an application under section 32(2) of the Hong Kong Court of Final Appeal Ordinance, Cap. 484, for a certificate that the decision of this court, handed down on 2 December 2004, involved points of law of great and general importance.  These were set out in the Notice of Motion dated 8 December 2004 as follows:

“(1)	Where A’s bank account has been debited thereby extinguishing A’s chose in action, and an equivalent sum has been credited in B’s account thereby creating for B a chose in action of an equivalent sum, on condition that B hold such sum until A requests the reversal of this transaction, does the granting by B to his bank of a charge over his chose in action as a security for an overdraft facility in respect of his other bank account, constitute an “appropriation” of property belonging to A, in accordance with section 2(1) and section 4 of the Theft Ordinance (Cap. 210)?
(2)	Does section 7(1) of the Theft Ordinance (Cap. 210) apply to a chose in action?”

2.  We do not consider that these are matters on which this court should grant a certificate and, accordingly, this application is refused.