Lam Yiu Wa v. HKSAR

FAMC000010/2000

(Not for circulation)
FAMC No. 10 of 2000

IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MISCELLANEOUS PROCEEDINGS NO. 10 OF 2000 (CRIMINAL)

(ON APPLICATION FOR LEAVE TO APPEAL

FROM HCMA NO. 1057 OF 1999)

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Appeal Committee: Mr Justice Litton PJ, Mr Justice Bokhary PJ and Mr Justice Silke NPJ

Date of Hearing: 7 July 2000

Date of Determination: 7 July 2000

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

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Mr Justice Silke NPJ :

1. This is the determination of the Appeal Committee.

2. The applicant was convicted after trial, at which he gave evidence and was represented, of an offence of theft. The theft was of items from a supermarket to the value of $113.30.

3. His appeal against that conviction was heard by Gall J on 31 March 2000. While accepting that the facts were a little unusual, the judge, having heard the submissions of counsel for the appellant, dismissed that appeal.

4. On the 9th May 2000 the judge, having considered whether a point of law of great and general importance arose which would bring the applicant within the terms of section 32(2) of the Hong Kong Court of Final Appeal Ordinance Cap.484, held that it did not and refused the leave then sought to come before this court.

5. Nothing on the papers which have been placed before us, either earlier or today by the applicant, who today appears in person, nor contained generally in his written submissions persuades us that this matter should go further.

6. The application for leave is dismissed.

Representation:

Mr Lam Yiu-wa, applicant in person, present.

Mr P.K. Madigan, SGC of Department of Justice for the respondent.