HKSAR v. Ho Kai Cheong

CACC000586A/1998

CACC586/98

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CRIMINAL APPEAL NO. CACC 586 OF 1998

(On Appeal From DCCC 1050 of 1998)

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Coram : Hon. Nazareth, Ag. CJHC, Stuart-Moore, V-P, & Mayo J.A. in Court

Date of Hearing : 17 June 1999

Date of Judgment : 17 June 1999

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D E C I S I O N

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Nazareth, Ag. CJHC (Giving the decision of the Court)

1. Section 32(2) of the Hong Kong Court of Final Appeal Ordinance provides that:

"Leave to appeal shall not be granted unless it is certified by the Court of Appeal or the High Court, as the case may be, that a point of law of great and general importance is involved in the decision or it is shown that substantial and grave injustice has been done."

2. We are asked to certify:

"that the following is a point of law of great and general importance arising out of the judgment of the Court of Appeal given on 17th June 1999: R. v. Yeung Kwok-fai [1996] 2 HKCLR 32 and HKSAR v. Sin Chi-yin [1999] 2HKC 403 were wrongly decided."

3. As so formulated, we are satisfied that no point of law of great and general importance is disclosed. We, accordingly, refused to certify the point as one of great and general importance.

Representation:

Mr. A. A. Bruce, S.C., and Miss Grace Chan, S.G.C., SADPP for Director of Public Prosecutions.

Mr. Phillip Ross instructed by (D.L.A.) for the Applicant D3.