HKSAR v. Li Li Mua

HCMA000290A/2000

HCMA290/2000

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

(Appellate Jurisdiction)

MAGISTRACY APPEAL NO.290 OF 2000

(ON APPEAL FROM WSCC 14927 OF 1999)

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Coram: Hon Gall J in Court

Date of Hearing: 10 July 2000

Date of Judgment: 10 July 2000

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J U D G M E N T

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1. The applicant applies pursuant to section 32 of the Hong Kong Court of Final Appeal Ordinance for a certificate permitting appeal in the matter of Mag.App. No.290/2000. It is not necessary to set out the facts. An application such as this must show firstly, that there is an arguable appeal, and secondly, that the point of law is one of great and general importance.

2. To deal with the second matter of first, it is well-known that many cases arise in the magistracies of Hong Kong revolve around this point. It is not infrequent that persons surrender to the Immigration Department and the position in which they stand is of great and general importance to the public of Hong Kong. This head has been made out by the applicant.

3. The onus of showing that there is an arguable ground of appeal also lies with the applicant. In this case, the reliance, in my judgment, on Attorney General v. Cheung Kam-ping [1980] HKLR 602 and the manner in which Li Tim-fuk v. The Queen [1981] HKLR 122 is said to disapprove of that case is central to the issue. I hold that there is a reasonably arguable point and leave to appeal is granted.

Representation:

Mr D.G. Saw, SC, DDPP leading Mr Cheung Wai Sun, SADPP of Department of Justice, for the Applicant

Mr John McLanachan, instructed by Messrs Chan, Lau & Wai, for the Respondent