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CACC000182A/2001
CACC182/2001
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF APPEAL
CRIMINAL APPEAL NO. 182 OF 2001
(ON APPEAL FROM DCCC NO. 1162 OF 2000)
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IN THE MATTER OF application for a certificate pursuant to Section 32(2) of the Hong Kong Court of Final Appeal Ordinance, Chapter 484 |
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AND
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IN THE MATTER OF the decision of the Court of Appeal dated 18th day of January 2002 in Criminal Appeal No. 182 of 2001 |
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| BETWEEN |
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HKSAR |
Applicant |
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AND |
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CHU KAM YIU |
1st Respondent |
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CHOW CHI WANG ADDY |
2nd Respondent |
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HON PUI TAK |
3rd Respondent |
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Coram: Hon Leong CJHC, Cheung JA & Yeung J in Court
Date of Hearing: 26 February 2002
Date of Determination: 26 February 2002
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D E T E R M I N A T I O N
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Hon Leong CJHC (giving the determination of the Court):
1. Our conclusion is that a certificate should be granted in the terms as stated in the amended Annexure A to the Outline of the Applicant's Submissions, subject to the insertion of the word "physically" in paragraph 1(i) between the words "only" and "received" and also in paragraph 1(ii)(a), the insertion of the word "physically" before the word "receiving".
2. We agree that the questions in this Annexure raise a point of general and public importance and that they should be decided by the Court of Final Appeal.
| ( Arthur Leong ) |
( Peter Cheung ) |
( Wally Yeung ) |
| Chief Judge, High Court |
Justice of Appeal |
Judge of the Court of First Instance |
Representation:
Mr John Reading SC, Deputy Director of Public Prosecutions, and Mr Alex Lee, Senior Government Counsel, for HKSAR/Applicant.
Mr Ching Y Wong SC, Mr Peter Chow and Miss Barbara Cheng, instructed by Messrs Joseph Chu, Lo & Lau for 1st and 2nd Respondents.
Mr David Boyton, instructed by Messrs Shum & Co. for 3rd Respondent.
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