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HKSAR v. Chan Wai Yip and Others

Case No.FAMC 38/2010
Court
FAMC
Date09 Jul 2010
Judge—
Case Document
100%

FAMC No. 38 of 2010

IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MISCELLANEOUS PROCEEDINGS NO. 38 OF 2010 (CRIMINAL)

(ON APPLICATION FOR LEAVE TO APPEAL

FROM HCMA NO. 449 OF 2008)

_____________________

Between:

  HONG KONG SPECIAL ADMINISTRATIVE REGION Applicant
  - and -  
  CHAN WAI YIP 1st Respondent
  FUNG MOON KWAI 2nd Respondent
  HUNG CHAU MING 3rd Respondent
  WONG LIT 4th Respondent
  SIN KAM SING 5th Respondent
  CHOI KWAI SING 6th Respondent
  CHAN CHUN KIM 7th Respondent
  LEE CHI YING 8th Respondent
  CHEUNG CHI KEUNG 9th Respondent
  WONG CHUNG TIT 10th Respondent
  LI YUK FAI 11th Respondent
  WONG TAK HING 12th Respondent
  CHEUNG MUI FONG 13th Respondent
  FUNG MOON KWONG 14th Respondent
  TANG YIU KWAN 15th Respondent
  LI SAI HUNG 16th Respondent
  WONG OI KWAN 17th Respondent
_____________________
Appeal Committee : Mr Justice Bokhary PJ, Mr Justice Chan PJ and Mr Justice Ribeiro PJ
Date of Hearing :
Date of Determination :		 9 July 2010
9 July 2010

________________________

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

________________________

Mr Justice Bokhary PJ :

1.Whether the circumstances of this case amount to a conspiracy to defraud involve arguable points of law which merit the attention of the Court of Final Appeal. Time for applying for leave to appeal is extended and the prosecution is granted such leave under the “point of law” limb of s.32(2) of the Court’s statute.

(Kemal Bokhary)
Permanent Judge		 (Patrick Chan)
Permanent Judge		 (RAV Ribeiro)
Permanent Judge

Mr Wesley W C Wong and Mr Michael Wong (of the Department of Justice) for the applicant

Mr Martin Lee SC and Ms Bonnie Tam (instructed by Messrs JCC Cheung & Co.) for the 3rd, 5th to 9th, 13th, 15th to 17th respondents

Mr Kenny Chan (instructed by Messrs Liu, Chan & Lam) for the 4th, 10th and 11th respondents

Mr Gibson Shaw (instructed by Messrs Lo, Wong & Tsui) for the 12th respondent

The 1st, 2nd and 14th respondents in person.