HKSAR v. Habibullah Abdul Rahman and Others

Read the full judgment text of CACC 302/2008 on BabelCite. This Court of Appeal judgment was delivered on 27 May 2010.

1. These are applications under section 32 of the Hong Kong Court of Final Appeal Ordinance, Cap. 484 for certification of a series of suggested questions said to be of great and general importance and involved in the decision of this Court handed down on 31 March 2010.

Cited by 4 cases

Case No.CACC 302/2008
Court
Court of Appeal
Date27 May 2010
Judge
Case Document
100%Judiciary

CACC 302/2008

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CRIMINAL APPEAL NO. 302 OF 2008

(ON APPEAL FROM DCCC NO. 980 OF 2006)

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BETWEEN    
  HKSAR Respondent
  And  
  HABIBULLAH ABDUL RAHMAN (D2) 1st Applicant
  LAM LAI CHU, FIONA (林麗珠) (D4) 2nd Applicant
  LAI SAU CHEONG, SIMON (黎壽昌)(D6) 3rd Applicant

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Before: Hon Stock VP, Hartmann JA and Wright J in Court

Date of Hearing: 27 May 2010

Date of Judgment: 27 May 2010

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J U D G M E N T

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Hon Stock VP (giving the judgment of the Court):

1.These are applications under section 32 of the Hong Kong Court of Final Appeal Ordinance, Cap. 484 for certification of a series of suggested questions said to be of great and general importance and involved in the decision of this Court handed down on 31 March 2010. 

2.We have before us three Notices of Motion: one by the 2nd defendant which houses six questions; one by the 6th defendant, Mr Lai, which houses three questions which are reflected in the questions posed on behalf of the 2nd defendant; and also a notice of motion by the 4th defendant, Ms Lam, although in her case we have not heard argument because she is unrepresented and we have intimated to her that were the other applicants unsuccessful, we would grant her an adjournment for the purpose of her representation.  

3.We refuse to certify any of the questions proposed to us so that in the case of the 2nd and the 6th defendants, their applications are dismissed.

(Frank Stock) (M.J. Hartmann) (A.R. Wright)
Vice-President Justice of Appeal Judge of the Court of First Instance

Mr Kevin P Zervos, SC, DDPP, of the Department of Justice for the Respondent

Mr Graeme A. Mackay and Ms Jolie Chao instructed by Messrs Cheung, Tong & Rosa, assigned by D.L.A., for D2

Ms Lam Lai Chu, Fiona (D4) – acting in person

Mr Edwin Choy instructed by Messrs Haldanes for D6