Mok Kin Kau v. HKSAR

FAMC No. 51 of 2007

IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MISCELLANEOUS PROCEEDINGS NO. 51 OF 2007 (CRIMINAL)

(ON APPLICATION FOR LEAVE TO APPEAL

FROM HCMA NO. 1161 OF 2006)

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Between:

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DETERMINATION

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Mr Justice Bokhary PJ :

Bringing matters to a conclusion without undue delay is an important feature of our criminal justice system.  It is reasonably arguable that a third trial in circumstances like these would constitute a departure from accepted norms to an accused person’s disadvantage.  We grant the applicant leave to appeal to the Court of Final Appeal under the “substantial and grave injustice” limb of s.32(2) of the Court’s statute.

[Hearing of appeal fixed for 17 January 2008.]

Mr Andrew Bruce SC (instructed by Messrs Y L Yeung & Co.) for the applicant

Mr Simon Tam (of the Department of Justice) for the respondent