Chan Nai Ming v. HKSAR

FAMC No. 61 of 2006

IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MISCELLANEOUS PROCEEDINGS NO. 61 OF 2006 (CRIMINAL)

(ON APPLICATION FOR LEAVE TO APPEAL

FROM HCMA NO. 1221 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: 7 February 2007

Date of Determination: 7 February 2007

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D E T E R M I N A T I O N

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Mr Justice Bokhary PJ:

1. We certify the two points of law set out in the Application for Leave to Appeal, and grant leave to appeal to the Court of Final Appeal for those points to be pursued.  The hearing of the appeal will commence on Wednesday 9 May this year.  An extra day will be reserved.  The extra day will be notified to the parties in due course.  It will be either the following day, namely Thursday the 10th, or the day after, namely Friday the 11th.  Which one it will be will depend on whether another appeal which has been fixed for the 10th can be shifted to the 11th. 

Mr Justice Bokhary PJ  :  I suppose, Mr Pun, that you ask for bail pending appeal on the same terms as those granted pending this leave application?

Mr Pun :  Yes.

Mr Justice Bokhary PJ : Do you oppose that, Mr Turnbull?

Mr Turnbull  : No.

Mr Justice Bokhary PJ  : We grant bail pending appeal on the same terms as those granted pending this leave application.

Mr Kevin K H Pun (instructed by Messrs Chak & Associates) for the applicant

Mr R G Turnbull and Mr Hayson K S Tse (of the Department of Justice) for the respondent