HKSAR v. Kam Susanto

CACC 542/2003

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

criminal APPEAL NO. 542 OF 2003

(ON APPEAL FROM HCCC NO. 214 of 2002)

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BETWEEN

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Before:   Hon Stuart-Moore VP, Stock JA and Beeson J 

Date of Hearing: 27 October 2005

Date of Judgment: 27 October 2005

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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.We are invited to grant a certificate, pursuant to section 32(2) of the Hong Kong Court of Final Appeal Ordinance, Cap. 484, on the points of law identified in the applicant’s amended Notice of Motion which are said to have been involved in the decision we handed down on 13 May 2005.  The original (and undated) Notice of Motion, was received in the Court of Appeal on 15 June 2005.  It was out of time.  The amended Notice, dated 19 October 2005, is considerably out of time.  No satisfactory explanation has been provided for the lateness in service of either document.

2.We do not consider this is an appropriate case in which to grant a certificate as the application comes too late and, in any event, no points of law of great and general importance which have not already been decided seem to us to have been raised.  Accordingly, the application is dismissed.

Mr John Reading, SC, DDPP and Ms Anna Y K Lai, SGC of the Department of Justice, for the Respondent.

Mr William Allan and Mr Lawrence Cheung, instructed by Messrs Leung, Chan & Pang, for the Applicant