HKSAR v. Ho Yau Yin

Case No.FAMC 68/2009

Court

FAMC

Date03 Dec 2009

Judge—

Case Document

100%

FAMC No. 68 of 2009

IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MISCELLANEOUS PROCEEDINGS NO. 68 OF 2009 (CRIMINAL)

(ON APPLICATION FOR LEAVE TO APPEAL

FROM HCMA NO. 180 OF 2009)

_____________________

Between:

	HONG KONG SPECIAL ADMINISTRATIVE REGION	Applicant
	- and -
	HO YAU YIN	Respondent

_____________________

Appeal Committee :

Mr Justice Bokhary PJ, Mr Justice Chan PJ and
Mr Justice Ribeiro PJ

Date of Hearing :
Date of Determination :

3 December 2009
3 December 2009

_________________________________

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

_________________________________

Mr Justice Bokhary PJ :

1.Mr Justice Tong has certified the involvement of a point of law of great and general importance. It is the prosecution’s point that the expression “the total area on all sides” in the definition of “indoor” provided by s.2 of the Smoking (Public Health) Ordinance, Cap.371, does not mean (as the judge thought it meant when quashing this conviction for carrying a lighted cigarette in a no smoking area) the total area on each and every side.

2.The point should be decided as soon as possible. Since the earliest date on which the appeal can be heard by the Court of Final Appeal is 21 April next year, it will be set down for hearing on that date. There will have to be a directions hearing before the Registrar who will lay down procedural directions as to the filing of documents. Consideration will be given to the appointment of an amicus curiae.

(Kemal Bokhary)
Permanent Judge

(Patrick Chan)
Permanent Judge

(RAV Ribeiro)
Permanent Judge

Mr Robert S.K. Lee SC and Miss Irene Fan (of the Department of Justice) for the applicant

The respondent, Mr Ho Yau Yin, in person