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FAMC Nos 99 of 2010 and 9 of 2011
IN THE COURT OF FINAL APPEAL OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
MISCELLANEOUS PROCEEDINGS NOS99 OF 2010 AND 9 OF 2011 (CRIMINAL)
(ON APPLICATION FOR LEAVE TO APPEAL
FROM HCMA NOS 403 AND 500 OF 2010)
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FAMC No.99 of 2010
Between:
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LEE TO NEI |
Applicant
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- and - |
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HONG KONG SPECIAL ADMINISTRATIVE REGION |
Respondent |
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FAMC No.9 of 2011
Between:
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LAU HOK TUNG
WONG SHU WAH
Y & FUNG GARMENT COMPANY LIMITED |
1st Applicant
2nd Applicant
3rd Applicant
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- and - |
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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: 10 June 2011 |
| Date of Determination: 10 June 2011 |
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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. Is the statutory defence provided by s.26(4) of the Trade Descriptions Ordinance, Cap.362, to be made out by discharging a persuasive burden or is the burden merely evidential?
2. The point raised by that question is an arguable point of law of great and general importance, and it is involved in each of these cases. We grant all of these applicants leave to appeal to the Court of Final for them to pursue that point. But we do not grant leave under the “substantial and grave injustice” limb of s.32(2) of the Court’s statute. Leave is granted only under the “point of law” limb of that subsection.
(Kemal Bokhary)
Permanent Judge |
(Patrick Chan)
Permanent Judge |
(RAV Ribeiro)
Permanent Judge |
Mr Richard Wong (instructed by Messrs Amy Lam and Co.) for the applicant in FAMC 99 of 2010
Mr Andrew Bruce SC and Mr Felix Hoe (instructed by Messrs Anthony Kwan and Co.) for the applicants in FAMC 9 of 2011
Mr Wesley W C Wong and Mr Beney Wong (of the Department of Justice) for the respondent
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