David Morter v. HKSAR

Read the full judgment text of FAMC 33/2003 on BabelCite. This FAMC judgment was delivered on 18 February 2004.

1. Reasonable as always, Mr Cheung has indicated that the prosecution does not oppose leave to appeal and will not oppose the appeal itself. In such circumstances, we order as follows. Leave to appeal is granted. The hearing of the appeal is fixed for 10 a.m. on 10 March 2004. It is deemed that a notice of appeal has been served by Mr Morter in respect of the bind-over and cost orders made against him. The requirement for printed cases is dispensed with. The court accepts, and expresses its than

Case No.FAMC 33/2003
Court
FAMC
Date18 Feb 2004
Judge
Case Document
100%Judiciary

FAMC000033/2003

FAMC No. 33 of 2003

IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MISCELLANEOUS PROCEEDINGS NO. 33 OF 2003 (CRIMINAL)

(ON APPLICATION FOR LEAVE TO APPEAL
FROM HCMA NO. 928 OF 2002)

_____________________

Between:
DAVID MORTER 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: 18 February 2004

Date of Determination: 18 February 2004

_________________________________

DETERMINATION

_________________________________

Mr Justice Bokhary PJ:

1.Reasonable as always, Mr Cheung has indicated that the prosecution does not oppose leave to appeal and will not oppose the appeal itself. In such circumstances, we order as follows. Leave to appeal is granted. The hearing of the appeal is fixed for 10 a.m. on 10 March 2004. It is deemed that a notice of appeal has been served by Mr Morter in respect of the bind-over and cost orders made against him. The requirement for printed cases is dispensed with. The court accepts, and expresses its thanks for, the prosecution's undertaking to prepare and provide the record, consisting of a single part, within one week from today.

(Kemal Bokhary) (Patrick Chan) (R.A.V. Ribeiro)
Permanent Judge Permanent Judge Permanent Judge

Representation:

Mr David Morter, the applicant in person, present

Mr Cheung Wai-sun and Miss Rosaline Leung Sun-yee (of the Department of Justice) for the respondent