HKSAR v. Chan Kwong Yee and Another

CACC000438A/2002

CACC 438/2002

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CRIMINAL APPEAL NO. 438 OF 2002

(ON APPEAL FROM HCCC 219 AND 259 OF 2001)

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Coram: Hon Stuart-Moore VP, Woo VP and Lunn J

Date of Hearing: 23 July 2004

Date of Judgment: 23 July 2004

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J U D G M E N T

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Stuart-Moore, VP (giving the judgment of the Court):

1.The applicants applied on separate grounds, pursuant to section 32(2) of the Court of Final Appeal Ordinance, Cap. 484, for certificates that the decision of this court on 28 May 2004 involved points of law of great and general importance.

2.The 2nd applicant (Mr Yiu), who was unrepresented in these proceedings, adopted the arguments advanced by Mr Y.C. Yeung on the 1st applicant's behalf. Additionally, he addressed this court in argument which added nothing to his written submissions.

3.In our opinion, the applications are mistakenly brought before this court. Each of these applications relied on an evidential foundation and the points which were raised appear to be case specific. If, as it seems, it is really being submitted that a substantial and grave injustice is shown, these applications should have been made directly to the Court of Final Appeal and not to this court.

4.These applications are refused and we decline, therefore, to certify.

Representation:

Mr Peter Callaghan, counsel on fiat for the Department of Justice, for the Respondent.

Mr Y.C. Yeung, instructed by Messrs Christine M. Koo & Ip, for D1/Applicant.

D2/Applicant in person.