Three Weekly Ltd v. Obscene Articles Tribunal and Another

FAMV No. 48 of 2007

IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MISCELLANEOUS PROCEEDINGS NO. 48 OF 2007 (CIVIL)

(ON APPLICATION FOR LEAVE TO APPEAL FROM CACV NO. 315 OF 2006)

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Between:

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FAMV No. 49 of 2007

IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MISCELLANEOUS PROCEEDINGS NO. 49 OF 2007 (CIVIL)

(ON APPLICATION FOR LEAVE TO APPEAL FROM CACV NO. 316 OF 2006)

______________________

Between:

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

Date of Hearing : 16 January 2008

Date of Determination : 16 January 2008

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DETERMINATION

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Mr Justice Bokhary PJ :

We are not persuaded that any of the points advanced on the applicant’s behalf provide a viable basis for taking this matter to the Court of Final Appeal.  Leave to appeal is accordingly refused.

[Costs were sought by the respondent, were not opposed
by the applicant and were awarded to the respondent.]

Mr Gerard McCoy SC and Ms Wing Kay Po (instructed by Messrs Lily Fenn & Partners) for the applicant

Ms Agnes Chan (of the Department of Justice) for the respondents