Oei Hengky Wiryo v. HKSAR

FAMC No. 10 of 2006

IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION 

MISCELLANEOUS PROCEEDINGS NO. 10 OF 2006 (CRIMINAL)

(ON APPLICATION FOR LEAVE TO APPEAL

FROM CACC NO. 109 OF 2005)

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Between:

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Appeal Committee: Mr Justice Bokhary PJ, Mr Justice Chan PJ and Mr Justice Ribeiro PJ

Date of Hearing: 27 April 2006

Date of Determination: 27 April 2006

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DETERMINATION

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Mr Justice Bokhary PJ:

1.As to conviction, we certify the involvement of points of law of great and general importance, being those identified in items (a), (b) and (c) of para. 23 of the Written Application for Leave to Appeal.  We grant leave to appeal to the Court of Final Appeal against conviction on the point of law limb of s.32 of the Court’s statute and also on the substantial and grave injustice limb of that section.  We grant such leave for the applicant to pursue the certified points and to pursue the complaints of substantial and grave injustice outlined in paras 28 and 29 of the Written Application.

2.Turning to sentence, leave to appeal is sought also on both limbs.  A point of law, in the form of a point of sentencing principle, is formulated in item (d) of para. 23 of the Written Application.  We will certify the involvement of a point of law of great and general importance in the form of a point of sentencing principle.  But we will do so in terms more general than item (d).  We certify it generally as arising in regard to the type of offence involved in this case and in regard to circumstances like the present.  We grant leave to appeal to the Court of Final Appeal against sentence on both limbs.  Under the point of law limb, we grant such leave for the applicant to pursue the certified point and, under the substantial and grave injustice limb, we grant such leave for him to pursue the complaint of substantial and grave injustice outlined in para. 32 of the Written Application.

3.We do the foregoing on the basis of what we regard as reasonably arguable.  Having said that, it is neither necessary nor even desirable to say more about our reasons.

4.The hearing of the appeal is fixed for 17 January 2007, commencing at 10.00 a.m.

Mr Clive S. Grossman SC and Mr Charles Chan (instructed by Messrs Chiu, Szeto & Cheng) for the applicant

Mr Cheung Wai-sun and Miss Olivia Tsang (of the Department of Justice) for the respondent