Shum Kwok Sher v. HKSAR

FAMC000001/2002

FAMC No. 1 of 2002

IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MISCELLANEOUS PROCEEDINGS NO. 1 OF 2002 (CRIMINAL)

(ON APPLICATION FOR LEAVE TO APPEAL

FROM CACC NO. 3 OF 2001)

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

Date of Hearing: 14 March 2002

Date of Determination: 14 March 2002

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DETERMINATION

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Mr Justice Bokhary PJ:

1.We are asked to certify the involvement of a point of law of great and general importance, namely whether the common law offence of misconduct in public office is inconsistent with the rights guaranteed under the Basic Law. And we are asked to grant leave to appeal to the Court of Final Appeal for the point to be pursued. In our view, it would be right to certify the point and grant such leave to appeal. We do so.

[Submissions on dates and abridgement]

2.We fix the hearing of the appeal for 6, 7 & 8 May 2002. Time is abridged so that the Notice of Appeal must be filed by 12 noon on Monday, 18 March 2002. It is directed that an abridged timetable for the steps thereafter to be submitted to Registrar for approval and directions accordingly. In the event of disagreement, the matter will be brought before a single permanent judge for directions and orders on abridgement.

[Submissions on bail]

3.The applicant asks for bail pending appeal to the Court of Final Appeal. He asks for such bail on the terms on which he was granted bail pending his appeal to the Court of Appeal. He offers an undertaking not to leave Hong Kong pending his appeal to the Court of Final Appeal unless he obtains permission to do so from the Court or a single permanent judge. He also offers an undertaking to surrender his travel documents to the Registrar. The respondent does not oppose bail on those terms and with those undertakings. We grant the applicant bail pending his appeal to the Court of Final Appeal, granting him such bail on those undertakings and otherwise on the same terms as he was granted bail pending his appeal to the Court of Appeal.

Representation:

Mr John Griffiths SC and Mr Andrew Bullett (instructed by Messrs P.C. Woo & Co.) for the applicant

Mr Michael Blanchflower SC and Mr Gavin Shiu (of the Department of Justice) for the respondent