HKSAR v. Ma Sin Chi

CACC 424/2013

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CRIMINAL APPEAL NO. 424 OF 2013

(ON APPEAL FROM HCCC NO. 323 OF 2012)

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J U D G M E N T

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Hon Lunn VP (giving the Judgment of the Court) :

1.On 22 September 2016 we refused to certify that a point of law great and general importance was involved in the decision dated 17 June 2016 quashing the 1st appellant's convictions after trial and ordering that he be retried. We said that the considerations relevant to ordering a retrial were well known and that the application of the law to the facts did not give rise to points of law of great and general importance.

2.In his written submissions, opposing the application that the Court certify that questions of law of great and general importance were involved in our decision, Mr Hui indicated that, if we refused the application, the respondent sought the costs of the application.

3.In our judgment we directed that, if the 1st appellant wished to oppose the application, he was to inform the Court of that opposition within 14 days of the judgment. The Court has received no such communication from the 1st appellant.

4.We are satisfied, and we so order, that the respondent is to have the costs of and occasioned by the application.

Mr Martin Hui SC, DDPP and Ms Peggy Lo, SPP, of Department of Justice, for the respondent