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FAMC000023/2001
FAMC No. 23 of 2001
IN THE COURT OF FINAL APPEAL OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
MISCELLANEOUS PROCEEDINGS NO. 23 OF 2001 (CRIMINAL)
(ON APPLICATION FOR LEAVE TO APPEAL
FROM CACC NO. 126 OF 2000)
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CHOI MAN WAI |
Applicant |
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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: 28 September 2001
Date of Determination: 28 September 2001
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DETERMINATION
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Mr Justice Bokhary PJ:
1. In January this applicant sought leave to appeal under the "substantial and grave injustice" limb. His application was dismissed. He now applies again: under that limb and also under the "point of law of great and general importance" limb. A second application after dismissal of the first is misconceived. In passing, we would mention that the point which we are now asked to certify involves dressing up an issue of fact as a point of law. There is nothing in this application, and it is dismissed.
2. In future anyone making an application like this can expect it to be dealt with under Rule 7 of the Hong Kong Court of Final Appeal Rules, Cap. 484.
| (Kemal Bokhary) |
(Patrick Chan) |
(R A V Ribeiro) |
| Permanent Judge |
Permanent Judge |
Permanent Judge |
Representation:
Mr Y C Yeung (instructed by M/s Martin Law & Co.) for the applicant
Mr Robert S K Lee and Mr Kelvin Lee (of the Department of Justice) for the respondent
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