Chui Man Si and Another v. HKSAR

FAMC Nos 16, 17 and 18 of 2009

IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION 

MISCELLANEOUS PROCEEDINGS NOS 16, 17 AND 18 OF 2009 (CRIMINAL)

(ON APPLICATION FOR LEAVE TO APPEAL
FROM CACC NO. 248 OF 2006)

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

Date of Hearing : 14 May 2009

Date of Determination : 14 May 2009

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D E T E R M I N A T I O N

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Mr Justice Bokhary PJ :

1.We certify the points of law and only the points of law identified in questions 1, 2 and 3 set out in Ms Mandy Chui’s Amended Application for Leave to Appeal.  Under the point of law limb of s. 32(2) of the Court’s statute, we grant her leave to appeal to the Court of Final Appeal on those and only those points of law.  We also grant her leave to appeal under the substantial and grave injustice limb of that subsection for her to pursue her argument on corroboration.

2.As far as Mr Andrew Lam is concerned, we certify the point of law and only the point of law identified in para.1.1 of his Amended Application for Leave to Appeal.  Under the point of law limb, we grant him leave to appeal on that and only that point of law.  We also grant him leave to appeal under the substantial and grave injustice limb for him to pursue the matters and only the matters identified in paras 2.2, 2.3, 2.6, 2.8, 2.14, 2.15 and 2.16 of that Amended Application.

3.At the hearing of the appeal, Ms Chui and Mr Lam may each rely on the other’s points as may be applicable.

4.On the prosecution’s application for leave to appeal to the Court of Final Appeal against the quashing by the Court of Appeal of Mr Kevin Egan’s convictions on the 4th and 5th charges, we certify the points of law identified in items (ii), (iii) and (iv) of para.12 of the prosecution’s skeleton argument filed on 8 May 2009, and grant the prosecution leave to appeal on those points of law.  We also grant the prosecution leave to appeal on the substantial and grave injustice limb for them to pursue the matters identified in item (i) of that paragraph.

Mr Jonathan Caplan QC, Mr Peter Duncan SC and Mr Derek Chan (instructed by Messrs Leung & Lien) for the 2nd defendant Chui Man Si

Ms Clare Montgomery QC, Mr Graham Harris and Mr Benson Tsoi (instructed by Messrs Pang, Wan & Choi) for the 3rd defendant Lam Ping Cheung

Mr G O’L Reynolds (instructed by Messrs Robertsons) for the 4th defendant Kevin Barry Egan

Mr Martin Wilson QC and Mr Roger Beresford (instructed by Department of Justice) for the prosecution