HKSAR v. Poon Chun Kit

CACC 56/2006

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

criminal APPEAL NO. 56OF 2006

(ON APPEAL FROM DCCC NO. 614 of 2005)

______________________

BETWEEN

____________________

Before : Hon Stuart-Moore VP, Tang VP and McMahon J

Date of Hearing : 7 August 2007

Date of Judgment : 7 August 2007

______________________

J U D G M E N T

______________________

Stuart-Moore, VP (giving the judgment of the Court):

1.This is an application, pursuant to section 32(2) of the Court of Final Appeal Ordinance, Cap. 484, for a certificate that a point of law of great and general importance was involved in the decision which we handed down on 27 April 2007.  The point of law, annexed to a notice of motion and affirmation from the applicant, both dated 22 May 2007, reads as follows:

“	Whether or not, for the offence of statutory conspiracy [section 159A Crimes Ordinance, Cap. 200], the prosecution is required to prove against each and every co-conspirator his individual intention to participate in the agreed course of conduct.”

2.Having considered counsel’s general submissions, we decline to grant a certificate and this application is refused.

Mr Alex Lee, SADPP, of the Department of Justice, for the Respondent.

Mr Peter Chow, instructed by Messrs David Hui & Co., for the Applicant.