Ting James Henry v. HKSAR

Read the full judgment text of FAMC 60/2006 on BabelCite. This FAMC judgment was delivered on 16 March 2007.

1. In the Notice of Application for Leave to Appeal, under the heading “Points of Law of Great and General Importance”, there are set out three questions indicating points of law of great and general importance which we certify and grant the applicant leave to appeal to the Court of Final Appeal to pursue.  The applicant’s complaints of substantial and grave injustice can be pursued within those certified points.  So there is no need to grant leave to appeal on the substantial and grave injustic

Case No.FAMC 60/2006
Court
FAMC
Date16 Mar 2007
Judge
Case Document
100%Judiciary

FAMC No. 60 of 2006

IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION 

MISCELLANEOUS PROCEEDINGS NO. 60 OF 2006 (CRIMINAL)

(ON APPLICATION FOR LEAVE TO APPEAL

FROM CACC NO. 318 OF 2005)

_____________________

Between:

  TING JAMES HENRY Applicant
  and  
  HONG KONG SPECIAL ADMINISTRATIVE REGION Respondent

_____________________

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

Date of Hearing: 16 March 2007

Date of Determination: 16 March 2007

______________________

DETERMINATION

______________________

Mr Justice Bokhary PJ:

1. In the Notice of Application for Leave to Appeal, under the heading “Points of Law of Great and General Importance”, there are set out three questions indicating points of law of great and general importance which we certify and grant the applicant leave to appeal to the Court of Final Appeal to pursue.  The applicant’s complaints of substantial and grave injustice can be pursued within those certified points.  So there is no need to grant leave to appeal on the substantial and grave injustice ground, and such leave is granted simply on the point of law ground.

[The hearing of the appeal to the Court of Final Appeal was fixed for 17 and 18 October 2007]

(Kemal Bokhary)
Permanent Judge
(Patrick Chan)
Permanent Judge
(RAV Ribeiro)
Permanent Judge

Mr Neville Sarony SC, Ms Angel Lau and Mr Peter Pannu (instructed by Messrs Chong & Partners) for the applicant

Mr I C McWalters SC (of the Department of Justice) for the respondent