HKSAR v. Tang Kwok Wah, Dixon

CACC000318A/2000

CACC 318/2000

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CRIMINAL APPEAL NO. 318 OF 2000

(ON APPEAL FROM HCCC 29 OF 2000)

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Coram: Hon Stuart-Moore V-P, Woo & Stock JJA

Date of Hearing: 5 June 2001

Date of Judgment: 5 June 2001

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J U D G M E N T

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Stuart-Moore V-P (giving the judgment of the Court):

1.This is an application which has been brought under the provisions of section 32(2) of the Court of Final Appeal Ordinance, Cap. 484 for a certificate that points of law of great and general importance were involved in the judgment of this court which was handed down on 27 March 2001.

2.We were asked by Mr Andrew Bullett, on behalf of the Applicant, to certify on four points which are set out at considerable length in an amended notice of motion dated 29 May 2001. It is unnecessary to recite the points which have been raised and it suffices to express the view, with which Mr Bullett in effect himself agreed, that none of the points raised were of great and general importance arising from the decision of the court.

3.Accordingly, we decline to grant a certificate.

Representation:

Mr D.G. Saw, SC, DDPP and Ms Laura Ng, GC, of the Department of Justice, for the Respondent.

Mr Andrew Bullett, instructed by Messrs K. F. Wong & Co., for the Applicant.

Remarks:
Application for leave to appeal by the Applicant to the Court of Final Appeal. Application for leave granted. Please refer to the Appeal Judgment FAMC000014/2001.