The Incorporated Owners of No.10 Bonham Strand and Another v. HKSAR

FAMC No. 41 of 2004

IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MISCELLANEOUS PROCEEDINGS NO. 41 OF 2004 (CRIMINAL)

(ON APPLICATION FOR LEAVE TO APPEAL
FROM HCMA NO. 239 OF 2004)

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Between:

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Date of Hearing: 27 October 2004

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

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Mr Justice Bokhary PJ:

1.Our having heard Mr Choy Bing Wing on behalf of the applicants should not be taken as an indication that someone in his position will in future be heard on behalf of parties in their position.

2.Turning to the substance of the application, the arguments advanced in support of the application do not match the point certified by McMahon J.  And no alternative point has been formulated with sufficient clarity to justify permitting it to be taken to the Court of Final Appeal.  Accordingly leave to appeal is refused.

With the Appeal Committee’s permission, Mr Choy Bing Wing was heard on behalf of the applicants

Mr John Reading SC and Ms Virginia Lau (of the Department of Justice) for the respondent