HKSAR v. Asaduzzaman

HCMA 314/2009

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MAGISTRACY APPEAL NO. 314 OF 2009

(ON APPEAL FROM KTS 16955/2008)

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BETWEEN

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Before:  Deputy High Court Judge Geiser in Court

Date of Hearing:  20 October 2009

Date of Ruling: 20 October 2009

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R U L I N G

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1.I am persuaded having heard arguments from counsel for the Appellant and Ms Fu from the Department of Justice that this is a proper case for this court to direct that this appeal be argued before the Court of Appeal pursuant to Section 118(1)(d) of the Magistrates Ordinance, Cap. 227.

2.It seems to me that there are complex points of law involved and consequences that flow from any ruling.  Accordingly, I do direct that this case be transferred to and argued before the Court of Appeal.  Any costs of today’s appeal are to be reserved.

Ms Betty Fu, Public Prosecutor of the Department of Justice, for the Respondent

Mr Philip Ross, instructed by Messrs Haldanes, assigned by the Legal Aid Department, for the Appellant