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CACC000514A/1999
CACC 514/1999
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF APPEAL
CRIMINAL APPEAL NO. 514 OF 1999
(ON APPEAL FROM DCCC NO. 514/1999)
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HKSAR |
Respondent |
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LAM TO KWAI |
Applicant |
Coram: Hon Stuart-Moore, VP, Leong and Wong JJA in Court
Date of Hearing: 11 July 2000
Date of Judgment: 11 July 2000
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J U D G M E N T
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Wong JA: (giving the judgment of the court)
1. This is an application by the applicant for a certificate under s.32 of the Hong Kong Court of Final Appeal Ordinance.
2. The point of law of great and general importance is said to be this: Whether a District Court Judge is bound to apply the guidelines, or be mindful of considerations in R. v. Turnbull [1977] 1 QB 224.
3. The application and the arguments Mr Philip Ross advanced in support bear no relation to what this Court decided on 20 June 2000. It is totally misconceived.
4. In our judgment, no point of law of great and general importance is involved. There is no merit whatsoever in the application and we are surprised that it should have been brought.
| (M Stuart-Moore) |
(Arthur Leong) |
(Michael Wong) |
| Vice-President |
Justice of Appeal |
Justice of Appeal |
Representation:
Mr P S Chapman, SADPP, of the Department of Justice, for the Respondent
Mr Philip Ross, instructed by the Legal Aid Department, for the Applicant
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