Mohammad Mahabobur Rahman v. Hong Kong Special Administrative Region

FAMC No. 48 of 2009

IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MISCELLANEOUS PROCEEDINGS NO. 48 OF 2009 (CRIMINAL)

(ON APPLICATION FOR LEAVE TO APPEAL

FROM CACC NO. 177 OF 2008)

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Between:

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

Date of Hearing :    22 September 2009

Date of Determination : 22 September 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 :

Mr Leung, the prosecution invites us to grant leave to appeal?

Mr David Leung :

Yes.

Mr Justice Bokhary PJ :

Mr Ross, we need not trouble you. We grant leave to appeal. The parties may wish to give consideration to seeing if the appeal can be disposed of under the procedure laid down in Mok Kin Kau v. HKSAR (2008) 11 HKCFAR 1 where it was said : that an uncontested appeal can be allowed without putting any party to the expense of an oral hearing if it can be seen, even without the assistance of oral argument, that the appeal should be allowed; and that if costs remain in issue, they can be dealt with on written submissions.

Mr Phillip Ross (instructed by Messrs David Ravenscroft & Co. and assigned by the Department of Legal Aid) for the applicant

Mr David Leung (of the Department of Justice) for the respondent