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CACC000571A/2001
CACC 571/2001
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF APPEAL
CRIMINAL APPEAL NO. 571 OF 2001
(ON APPEAL FROM HCCC 34 OF 2001)
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| BETWEEN |
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HKSAR |
Respondent |
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AND |
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CHAN BOON NING 曾文能 |
Applicant |
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Coram: Hon Stuart-Moore V-P, Stock JA and Yeung JA in Court
Date of Hearing: 23 June 2004
Date of Judgment: 23 June 2004
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J U D G M E N T
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Hon Stock JA (giving the judgment of the Court):
1. This is an application for a certificate under section 32 of the Hong Kong Court of Final Appeal Ordinance, Cap. 484 and two points of law suggested to be of great and general importance, applicable in all cases, are put before us for our consideration.
2. The notice of motion was dated 7 April 2004. In this case the applicant was convicted of three charges of theft and four of false accounting, and it was on 7 August 2003 that we dismissed the appeal against conviction. The notice of motion is therefore dated eight months after that dismissal. No adequate reason had been put before us for this very extensive delay and, accordingly, the application is dismissed.
| (M. Stuart-Moore) |
(Frank Stock) |
(W Yeung) |
| Vice-President |
Justice of Appeal |
Justice of Appeal |
Representation:
Mr Edwin Choy instructed by Messrs Chong & Partners for the Applicant
Mr Hayson Tse, SGC of the Department of Justice for the Respondent
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