Ho Tam Kun v. HKSAR

FAMC No. 26 of 1999

IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MISCELLANEOUS PROCEEDINGS NO. 26 OF 1999 (CRIMINAL)

(ON APPLICATION FOR LEAVE TO APPEAL

FROM HCMA No. 276 OF 1999)

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Appeal Committee: Mr Justice Litton PJ, Mr Justice Ching PJ and Mr Justice Nazareth NPJ

Date of Hearing: 3 November 1999

Date of Determination: 3 November 1999

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

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Mr Justice Litton PJ:

1. This is the determination of the Appeal Committee.

2. The applicant was convicted after trial in a magistrate's court on one charge of common assault. The incident occurred at the Macau Ferry Terminal. There were three prosecution witnesses who testified to the events alleged by the prosecution. Their testimony was accepted by the magistrate. On 11 September 1999 the applicant's appeal to the High Court against his conviction was dismissed. He now seeks leave to appeal to the Court of Final Appeal.

3. There is no point of law of great and general importance involved in the decision. In these circumstances it is only in the most exceptional of circumstances that leave to appeal is given. No such circumstances have been shown in this case.

4. The application is dismissed.

Representation:

Applicant, Ho Tam Kun in person

Mr Cheung Wai Sun, DPGC of Department of Justice, for the Respondent