Lee Fuk Hing v. HKSAR

Read the full judgment text of FAMC 10/2004 on BabelCite. This FAMC judgment was delivered on 1 April 2004.

1. We are persuaded on the basis of the first ground, and also on basis of the second ground inasmuch as it is tied in with the first one, that the applicant has a reasonably arguable case of substantial and grave injustice.  So we grant him leave to appeal to the Court of Final Appeal on that limb.  Having done so, we do not preclude him from advancing the third ground, too, before the Court, if he is so advised.

Case No.FAMC 10/2004
Court
FAMC
Date01 Apr 2004
Judge
Case Document
100%Judiciary

FAMC No. 10 of 2004

IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MISCELLANEOUS PROCEEDINGS NO. 10 OF 2004 (CRIMINAL)

(ON APPLICATION FOR LEAVE TO APPEAL

FROM CACC NO. 376 OF 2000)

_____________________

Between:

 

LEE FUK HING

Applicant

 

AND

 

HONG KONG SPECIAL ADMINISTRATIVE REGION

Respondent

_____________________

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

Date of Hearing: 1 April 2004

Date of Determination: 1 April 2004

__________________________

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

__________________________

Mr Justice Bokhary PJ:

1. We are persuaded on the basis of the first ground, and also on basis of the second ground inasmuch as it is tied in with the first one, that the applicant has a reasonably arguable case of substantial and grave injustice.  So we grant him leave to appeal to the Court of Final Appeal on that limb.  Having done so, we do not preclude him from advancing the third ground, too, before the Court, if he is so advised.

(Kemal Bokhary)
Permanent Judge

(Patrick Chan)
Permanent Judge

(R.A.V. Ribeiro)
Permanent Judge

Mr Robert Pang and Miss Pauline Leung (assigned by the Hong Kong Bar Association’s Free Legal Service Scheme) for the applicant

Mr David Leung (of the Department of Justice) for the respondent