BabelCite

HKSAR v. Chu Kam Yiu and Others

Read the full judgment text of CACC 182/2001 on BabelCite. This Court of Appeal judgment was delivered on 26 February 2002 before Hon Leong CJHC, Cheung JA & Yeung J.

1. Our conclusion is that a certificate should be granted in the terms as stated in the amended Annexure A to the Outline of the Applicant's Submissions, subject to the insertion of the word "physically" in paragraph 1(i) between the words "only" and "received" and also in paragraph 1(ii)(a), the insertion of the word "physically" before the word "receiving".

Legal issues: Application for certificate under s.32(2) CFAO

Outcome: Certificate granted subject to amendments.

Case No.CACC 182/2001
Court
Court of Appeal
Date26 Feb 2002
JudgeHon Leong CJHC, Cheung JA & Yeung J
Case Document
100%Judiciary

CACC000182A/2001

CACC182/2001

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CRIMINAL APPEAL NO. 182 OF 2001

(ON APPEAL FROM DCCC NO. 1162 OF 2000)

_________________________

IN THE MATTER OF application for a certificate pursuant to Section 32(2) of the Hong Kong Court of Final Appeal Ordinance, Chapter 484

AND
IN THE MATTER OF the decision of the Court of Appeal dated 18th day of January 2002 in Criminal Appeal No. 182 of 2001

_________________________

BETWEEN
HKSAR Applicant
AND
CHU KAM YIU 1st Respondent
CHOW CHI WANG ADDY 2nd Respondent
HON PUI TAK 3rd Respondent

_________________________

Coram: Hon Leong CJHC, Cheung JA & Yeung J in Court

Date of Hearing: 26 February 2002

Date of Determination: 26 February 2002

_______________________

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

_______________________

Hon Leong CJHC (giving the determination of the Court):

1.Our conclusion is that a certificate should be granted in the terms as stated in the amended Annexure A to the Outline of the Applicant's Submissions, subject to the insertion of the word "physically" in paragraph 1(i) between the words "only" and "received" and also in paragraph 1(ii)(a), the insertion of the word "physically" before the word "receiving".

2.We agree that the questions in this Annexure raise a point of general and public importance and that they should be decided by the Court of Final Appeal.

( Arthur Leong ) ( Peter Cheung ) ( Wally Yeung )
Chief Judge, High Court Justice of Appeal Judge of the Court of First Instance

Representation:

Mr John Reading SC, Deputy Director of Public Prosecutions, and Mr Alex Lee, Senior Government Counsel, for HKSAR/Applicant.

Mr Ching Y Wong SC, Mr Peter Chow and Miss Barbara Cheng, instructed by Messrs Joseph Chu, Lo & Lau for 1st and 2nd Respondents.

Mr David Boyton, instructed by Messrs Shum & Co. for 3rd Respondent.

Other Judgments in This Case

Further hearings and rulings under CACC 182/2001

HKSAR v. Chu Kam Yiu and Others
Court of Appeal18 Jan 2002