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FAMC No. 61 of 2006
IN THE COURT OF FINAL APPEAL OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
MISCELLANEOUS PROCEEDINGS NO. 61 OF 2006 (CRIMINAL)
(ON APPLICATION FOR LEAVE TO APPEAL
FROM HCMA NO. 1221 OF 2005)
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Between:
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CHAN NAI MING
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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: 7 February 2007
Date of Determination: 7 February 2007
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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 certify the two points of law set out in the Application for Leave to Appeal, and grant leave to appeal to the Court of Final Appeal for those points to be pursued. The hearing of the appeal will commence on Wednesday 9 May this year. An extra day will be reserved. The extra day will be notified to the parties in due course. It will be either the following day, namely Thursday the 10th, or the day after, namely Friday the 11th. Which one it will be will depend on whether another appeal which has been fixed for the 10th can be shifted to the 11th.
Mr Justice Bokhary PJ : I suppose, Mr Pun, that you ask for bail pending appeal on the same terms as those granted pending this leave application?
Mr Pun : Yes.
Mr Justice Bokhary PJ : Do you oppose that, Mr Turnbull?
Mr Turnbull : No.
Mr Justice Bokhary PJ : We grant bail pending appeal on the same terms as those granted pending this leave application.
(Kemal Bokhary)
Permanent Judge |
(Patrick Chan)
Permanent Judge |
(RAV Ribeiro)
Permanent Judge |
Mr Kevin K H Pun (instructed by Messrs Chak & Associates) for the applicant
Mr R G Turnbull and Mr Hayson K S Tse (of the Department of Justice) for the respondent
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