SECRETARY FOR JUSTICE v. LAM PING CHEUNG

CACC 248/2006
CAAR 8/2006

CACC 248/2006

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CRIMINAL APPEAL NO. 248 OF 2006

(ON APPEAL FROM DCCC NO. 298 OF 2005)

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CAAR 8/2006

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

APPLICATION FOR REVIEW NO. 8 OF 2006

(ON APPEAL FROM DCCC NO. 298 OF 2005)

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BETWEEN

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J U D G M E N T

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Hon Ma CJHC :

1.  The application for certification of points of law said to be of great and general importance under section 32(2) of the Hong Kong Court of Final Appeal Ordinance, Cap. 484, is dismissed. Essentially, it is said that this Court, in its majority judgment handed down on 21 May 2009, failed to take sufficiently into account the principle of double jeopardy when increasing the sentence of the Applicant in a review of sentence.This principle (or, perhaps more accurately, practice) is one that has been applied in these courts where appropriate in a number of cases : Attorney General v Wong Kwok Wai [1991] 2 HKLR 384; Secretary for Justice v Tseung Mang Ka [2001] 2 HKLRD 115.

2.  The complaint made by the Applicant is really that the Court of Appeal has given no discount, not that there is any doubt that the principle exists in appropriate cases.It is also to be observed that this point was not advanced by the Applicant in the submissions presented to this Court in the review proceedings.In the circumstances, it is inappropriate to grant the Certificate.