HKSAR v. Chan Boon Ning

Read the full judgment text of CACC 571/2001 on BabelCite. This Court of Appeal judgment was delivered on 23 June 2004.

1. This is an application for a certificate under section 32 of the Hong Kong Court of Final Appeal Ordinance, Cap. 484 and two points of law suggested to be of great and general importance, applicable in all cases, are put before us for our consideration.

Cited by 10 cases

Case No.CACC 571/2001
Court
Court of Appeal
Date23 Jun 2004
Judge
Case Document
100%Judiciary

CACC000571A/2001

CACC 571/2001

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CRIMINAL APPEAL NO. 571 OF 2001

(ON APPEAL FROM HCCC 34 OF 2001)

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BETWEEN
HKSAR Respondent
AND
CHAN BOON NING 曾文能 Applicant

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Coram: Hon Stuart-Moore V-P, Stock JA and Yeung JA in Court

Date of Hearing: 23 June 2004

Date of Judgment: 23 June 2004

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J U D G M E N T

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Hon Stock JA (giving the judgment of the Court):

1.This is an application for a certificate under section 32 of the Hong Kong Court of Final Appeal Ordinance, Cap. 484 and two points of law suggested to be of great and general importance, applicable in all cases, are put before us for our consideration.

2.The notice of motion was dated 7 April 2004. In this case the applicant was convicted of three charges of theft and four of false accounting, and it was on 7 August 2003 that we dismissed the appeal against conviction. The notice of motion is therefore dated eight months after that dismissal. No adequate reason had been put before us for this very extensive delay and, accordingly, the application is dismissed.

(M. Stuart-Moore) (Frank Stock) (W Yeung)
Vice-President Justice of Appeal Justice of Appeal

Representation:

Mr Edwin Choy instructed by Messrs Chong & Partners for the Applicant

Mr Hayson Tse, SGC of the Department of Justice for the Respondent

Other Judgments in This Case

Further hearings and rulings under CACC 571/2001