HKSAR v. Lam To Kwai

Read the full judgment text of CACC 514/1999 on BabelCite. This Court of Appeal judgment was delivered on 11 July 2000.

1. This is an application by the applicant for a certificate under s.32 of the Hong Kong Court of Final Appeal Ordinance.

Cited by 1 case

Case No.CACC 514/1999
Court
Court of Appeal
Date11 Jul 2000
Judge
Case Document
100%Judiciary

CACC000514A/1999

CACC 514/1999

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CRIMINAL APPEAL NO. 514 OF 1999

(ON APPEAL FROM DCCC NO. 514/1999)

BETWEEN
HKSAR Respondent
AND
LAM TO KWAI Applicant

Coram: Hon Stuart-Moore, VP, Leong and Wong JJA in Court

Date of Hearing: 11 July 2000

Date of Judgment: 11 July 2000

_______________________

J U D G M E N T

_______________________

Wong JA: (giving the judgment of the court)

1. This is an application by the applicant for a certificate under s.32 of the Hong Kong Court of Final Appeal Ordinance.

2. The point of law of great and general importance is said to be this: Whether a District Court Judge is bound to apply the guidelines, or be mindful of considerations in R. v. Turnbull [1977] 1 QB 224.

3. The application and the arguments Mr Philip Ross advanced in support bear no relation to what this Court decided on 20 June 2000. It is totally misconceived.

4. In our judgment, no point of law of great and general importance is involved. There is no merit whatsoever in the application and we are surprised that it should have been brought.

(M Stuart-Moore) (Arthur Leong) (Michael Wong)
Vice-President Justice of Appeal Justice of Appeal

Representation:

Mr P S Chapman, SADPP, of the Department of Justice, for the Respondent

Mr Philip Ross, instructed by the Legal Aid Department, for the Applicant

Cited by 1 case

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