Hin Lin Yee and Another v. HKSAR

FAMC No. 40 of 2009

IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION 

MISCELLANEOUS PROCEEDINGS NO. 40 OF 2009 (CRIMINAL)

(ON APPLICATION FOR LEAVE TO APPEAL

FROM HCMA NO. 574 OF 2008)

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Appeal Committee: Chief Justice Li, Mr Justice Chan PJ and Mr Justice Ribeiro PJ

Date of Hearing: 3 July 2009

Date of Determination: 3 July 2009

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

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Chief Justice Li :

1.We certify the following question of law and grant leave to appeal on this question in relation to the convictions under s 54(1)(a) of the Public Health and Municipal Services Ordinance, Cap 132. 

“whether there are common law defences to s. 54(1)(a) offences.”

2.We also grant leave to appeal on the substantial and grave injustice limb in relation to the convictions under Reg 36 of the Pharmacy and Poisons Regulations Cap 138.  Such leave is confined to the question whether the quashing of the Magistrate’s findings of fact on the charges under s 54(1)(a) rendered the conviction under Reg 36 unsafe.

Mr Gerard McCoy SC and Mr Douglas Jones (instructed by Messrs Richards Butler) for the applicants

Mr Cheung Wai Sun and Ms Vinci Lam (of the Department of Justice) for the respondent