HKSAR v. Luk Chiu Ki
Read the full judgment text of FAMC 15/2005 on BabelCite. This FAMC judgment was delivered on 23 May 2005.
1. It is a very sad case, but we see no basis for allowing the matter to proceed to the Court of Final Appeal. On a selective reading, it is possible to conceive the notion that the magistrate may have misunderstood the evidence. But on a fair reading, the argument to that effect is impossible. It is said also that there is no reason why the applicant would commit an offence like this. There is certainly no good reason why he would. But the experience of the courts is that seemingly respect
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FAMC No. 15 of 2005 IN THE COURT OF FINAL APPEAL OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION MISCELLANEOUS PROCEEDINGS NO. 15 OF 2005 (Criminal) (ON APPLICATION FOR LEAVE TO APPEAL FROM _______________________ Between:
_______________________ Appeal Committee: Mr Justice Bokhary, Mr Justice Chan PJ and Mr Justice Ribeiro PJ Date of Hearing: 23 May 2005 Date of Determination: 23 May 2005 _______________________ DETERMINATION _______________________
Mr Justice Bokhary PJ: 1.It is a very sad case, but we see no basis for allowing the matter to proceed to the Court of Final Appeal. On a selective reading, it is possible to conceive the notion that the magistrate may have misunderstood the evidence. But on a fair reading, the argument to that effect is impossible. It is said also that there is no reason why the applicant would commit an offence like this. There is certainly no good reason why he would. But the experience of the courts is that seemingly respectable people do sometimes commit offences, risking a great deal for very little gain and running great risks. 2.It is, as we have said, a very sad case. But there simply is no basis for allowing the matter to proceed any further. The application for leave to appeal to the Court of Final Appeal is dismissed.
Mr Allen Lam (instructed by Messrs Waller Ma Huang & Yeung) for the applicant Ms Louisa Lai (of the Department of Justice) for the respondent |