HKSAR v. SO HOI CHUEN

HCMA398/2006

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

(Appellate Jurisdiction)

MAGISTRACY APPEAL NO. 398 OF 2006

(ON APPEAL FROM KCCC 5575 OF 2005)

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J U D G M E N T

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1. Having heard counsel on both sides, it is my view that the phase “nexus of common interest” is not any term of art nor any legal phrase or legal concept which requires a legal interpretation.  In relation to the point of what amounts to “acceptance” and when a court should or could draw an irresistible inference, my view is this is a matter of fact and not one of law.

2. I therefore decline to certify that a point of law of great and general importance is involved in my judgment delivered on 10 October 2006.