HKSAR v. Chan Chin Hung, Anders and Another

CACC 163/2003

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

criminal APPEAL NO. 163 OF 2003

(ON APPEAL FROM DCCC 631 of 2002)

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BETWEEN

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Date of Hearing : February 2005

Date of Judgment : 1 February 2005

J U D G M E N T

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

1.This is an application under section 32(2) of the Hong Kong Court of Final Appeal Ordinance, Cap. 484, for a certificate that the decision of this court, handed down on 2 December 2004, involved points of law of great and general importance.  These were set out in the Notice of Motion dated 8 December 2004 as follows:

“(1)	Where A’s bank account has been debited thereby extinguishing A’s chose in action, and an equivalent sum has been credited in B’s account thereby creating for B a chose in action of an equivalent sum, on condition that B hold such sum until A requests the reversal of this transaction, does the granting by B to his bank of a charge over his chose in action as a security for an overdraft facility in respect of his other bank account, constitute an “appropriation” of property belonging to A, in accordance with section 2(1) and section 4 of the Theft Ordinance (Cap. 210)?
(2)	Does section 7(1) of the Theft Ordinance (Cap. 210) apply to a chose in action?”

2.We do not consider that these are matters on which this court should grant a certificate and, accordingly, this application is refused.

Mr William Tam, SGC and Mr Beney Wong, GC, of the Department of Justice, for the Respondent.

Mr Michael Blanchflower, SC, instructed by Messrs Philip K.Y. Lee & Co., for D1/Applicant.

Miss Maggie Wong, instructed by Messrs Ng & Partners, for D2/Applicant.