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HKSAR v. Chui, Shu Shing

Read the full judgment text of FAMC 28/2016 on BabelCite. This FAMC judgment.

1. We grant leave on the following question of law, namely:

Case No.FAMC 28/2016
Court
FAMC
Date—
Judge—
Case Document
100%Judiciary

FAMC No. 28 of 2016

IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MISCELLANEOUS PROCEEDINGS NO. 28 OF 2016 (CRIMINAL)

(ON APPLICATION FOR LEAVE TO APPEAL FROM

HCMA NO. 641 OF 2015)

____________________

BETWEEN

  HKSAR Respondent
  and
 
CHUI, SHU SHING (徐樹誠) 		Applicant

____________________

Appeal Committee: Mr Justice Ribeiro PJ, Mr Justice Tang PJ and Mr Justice Fok PJ
Date of Hearing and Determination: 8 November 2016

_________________________

D E T E R M I N A T I O N

_________________________

Mr Justice Ribeiro PJ:

1.We grant leave on the following question of law, namely:

“Whether, upon a proper construction of section 5(1) of the Hotel and Guesthouse Accommodation Ordinance, to come within the meaning of ‘any person who ... operates, keeps, manages or otherwise has control of ... a guesthouse’, a person must have control over the hotel or guesthouse operation as a whole, and not merely be a functionary who is designated to carry out particular tasks of its day to day running.”

2.We also grant leave on the “substantial and grave injustice” basis in relation to the question of costs on the footing that the Respondent concedes that the order for costs was wrongly made.  We direct that the parties file a short Joint Case on that question to be disposed of on the papers at the hearing of the main appeal.

3.The hearing in relation to the question of law will take place on 22 June 2017.

(R A V Ribeiro)
Permanent Judge		 (Robert Tang)
Permanent Judge		 (Joseph Fok)
Permanent Judge

Ms Margaret Ng, instructed by Lee & Chow, assigned by the Director of Legal Aid, for the Applicant

Mr William Tam SC DDPP, of the Department of Justice, for the Respondent