BabelCite

HKSAR v. Lam, Tan Ching Paul

Read the full judgment text of FAMC 23/2016 on BabelCite. This FAMC judgment.

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

Case No.FAMC 23/2016
Court
FAMC
Date—
Judge—
Case Document
100%Judiciary

FAMC No. 23 of 2016

IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MISCELLANEOUS PROCEEDINGS NO. 23 OF 2016 (CRIMINAL)

(ON APPLICATION FOR LEAVE TO APPEAL

FROM HCMA NO. 729 OF 2015)

____________________

BETWEEN

  HKSAR Respondent
  and
  LAM, TAN CHING PAUL （林丹青） Applicant

____________________

Appeal Committee:Mr Justice Ribeiro PJ, Mr Justice Tang PJ and Mr Justice Fok PJ
Date of Hearing and Determination: 9 February 2017

_________________________

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

_________________________

Mr Justice Fok PJ:

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

“Whether, on the true and proper construction of the phrase ‘the accompanied personal baggage of a person’ in Regulation 6(1D) of Import and Export (General) Regulations, Cap.60A, such baggage is limited to personal baggage physically carried by, or immediately with, the person himself or extends also to baggage carried by, or immediately with, another who is accompanying the person to leave Hong Kong?”

2.The appeal will be heard on a date to be fixed.

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

Mr Andy Hung, instructed by Ho & Ip, assigned by the Director of Legal Aid, for the Applicant

Ms Vinci Lam SADPP, of the Department of Justice, for the Respondent