Choi Man Wai v. HKSAR

Case No.FAMC 23/2001
Court
FAMC
Date28 Sep 2001
Judge
Case Document
100%

FAMC000023/2001

FAMC No. 23 of 2001

IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MISCELLANEOUS PROCEEDINGS NO. 23 OF 2001 (CRIMINAL)

(ON APPLICATION FOR LEAVE TO APPEAL
FROM CACC NO. 126 OF 2000)

_____________________

Between:
CHOI MAN WAI Applicant
AND
HONG KONG SPECIAL ADMINISTRATIVE REGION Respondent

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Appeal Committee: Mr Justice Bokhary PJ, Mr Justice Chan PJ and Mr Justice Ribeiro PJ

Date of Hearing: 28 September 2001

Date of Determination: 28 September 2001

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DETERMINATION

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Mr Justice Bokhary PJ:

1.In January this applicant sought leave to appeal under the "substantial and grave injustice" limb. His application was dismissed. He now applies again: under that limb and also under the "point of law of great and general importance" limb. A second application after dismissal of the first is misconceived. In passing, we would mention that the point which we are now asked to certify involves dressing up an issue of fact as a point of law. There is nothing in this application, and it is dismissed.

2.In future anyone making an application like this can expect it to be dealt with under Rule 7 of the Hong Kong Court of Final Appeal Rules, Cap. 484.

(Kemal Bokhary) (Patrick Chan) (R A V Ribeiro)
Permanent Judge Permanent Judge Permanent Judge

Representation:

Mr Y C Yeung (instructed by M/s Martin Law & Co.) for the applicant

Mr Robert S K Lee and Mr Kelvin Lee (of the Department of Justice) for the respondent