Case Details

Citation

HKSAR v. CHAN WAI YIP AND OTHERS, FAMC 38/2010

Case Number

FAMC 38/2010

Court

Court of Final Appeal

(CFA)

Decision Date

9 July 2010

Parties

Applicant(s):

HONG KONG SPECIAL ADMINISTRATIVE REGION

Respondent(s):

CHAN WAI YIP, FUNG MOON KWAI, HUNG CHAU MING, WONG LIT, SIN KAM SING, CHOI KWAI SING, CHAN CHUN KIM, LEE CHI YING, CHEUNG CHI KEUNG, WONG CHUNG TIT, LI YUK FAI, WONG TAK HING, CHEUNG MUI FONG, FUNG MOON KWONG, TANG YIU KWAN, LI SAI HUNG, WONG OI KWAN

For Respondent(s):

Mr Gibson Shaw (instructed by Messrs Lo, Wong & Tsui); Mr Wesley W C Wong and Mr Michael Wong (of the Department of Justice)

HKSAR v. CHAN WAI YIP AND OTHERS

FAMC 38/2010

Court of Final Appeal9 July 2010

FAMC000038/2010 HKSAR v. CHAN WAI YIP AND OTHERS

FAMC No. 38 of 2010

IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MISCELLANEOUS PROCEEDINGS NO. 38 OF 2010 (CRIMINAL)

(ON APPLICATION FOR LEAVE TO APPEAL

FROM HCMA NO. 449 OF 2008)

_____________________

Between:

	HONG KONG SPECIAL ADMINISTRATIVE REGION	Applicant
	- and -
	CHAN WAI YIP	1st Respondent
	FUNG MOON KWAI	2nd Respondent
	HUNG CHAU MING	3rd Respondent
	WONG LIT	4th Respondent
	SIN KAM SING	5th Respondent
	CHOI KWAI SING	6th Respondent
	CHAN CHUN KIM	7th Respondent
	LEE CHI YING	8th Respondent
	CHEUNG CHI KEUNG	9th Respondent
	WONG CHUNG TIT	10th Respondent
	LI YUK FAI	11th Respondent
	WONG TAK HING	12th Respondent
	CHEUNG MUI FONG	13th Respondent
	FUNG MOON KWONG	14th Respondent
	TANG YIU KWAN	15th Respondent
	LI SAI HUNG	16th Respondent
	WONG OI KWAN	17th Respondent

_____________________

Appeal Committee :

Mr Justice Bokhary PJ, Mr Justice Chan PJ and Mr Justice Ribeiro PJ

Date of Hearing :
Date of Determination :

9 July 2010
9 July 2010

________________________

D E T E R M I N A T I O N

________________________

Mr Justice Bokhary PJ :

1. Whether the circumstances of this case amount to a conspiracy to defraud involve arguable points of law which merit the attention of the Court of Final Appeal. Time for applying for leave to appeal is extended and the prosecution is granted such leave under the “point of law” limb of s.32(2) of the Court’s statute.

(Kemal Bokhary)
Permanent Judge

(Patrick Chan)
Permanent Judge

(RAV Ribeiro)
Permanent Judge

Mr Wesley W C Wong and Mr Michael Wong (of the Department of Justice) for the applicant

Mr Martin Lee SC and Ms Bonnie Tam (instructed by Messrs JCC Cheung & Co.) for the 3rd, 5th to 9th, 13th, 15th to 17th respondents

Mr Kenny Chan (instructed by Messrs Liu, Chan & Lam) for the 4th, 10th and 11th respondents

HKSAR v. CHAN WAI YIP AND OTHERS

Citation

Court

Procedural posture

Issues

Holdings

Legal principles

Disposition

Key citations

Appeal history