HKSAR v. Hung John Terence

Read the full judgment text of CACC 235/2009 on BabelCite. This Court of Appeal judgment was delivered on 14 October 2010.

1. This application asks us to certify, for the purpose of Section 32(2) of the Hong Kong Court of Final Appeal Ordinance, that two points of law of great general and public importance were involved in our judgment in these proceedings, handed down on 8 July 2010, namely

Cited by 3 cases

Leave to appeal by the applicant to Court of Final Appeal refused. Please refer to FAMC85/2010 dated 22 February 2011
Case No.CACC 235/2009
Court
Court of Appeal
Date14 Oct 2010
Judge
Case Document
100%Judiciary

CACC235/2009

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CRIMINAL APPEAL NO. 235 OF 2009

(ON APPEAL FROM DCCC NO. 1047 OF 2008)

____________________

BETWEEN

  HKSAR Respondent

and

  HUNG JOHN TERENCE (洪承禧) Applicant
____________________

Before: Hon Kwan JA, Wright and Line JJ

Date of Hearing: 14 October 2010

Date of Decision: 14 October 2010

____________________

D E C I S I O N

____________________

Hon Line J:

1.This application asks us to certify, for the purpose of Section 32(2) of the Hong Kong Court of Final Appeal Ordinance, that two points of law of great general and public importance were involved in our judgment in these proceedings, handed down on 8 July 2010, namely

(a) are the words “agent” and “principal” to be accorded their meaning as legal terms of art or their ordinary and natural meaning?

(b) is the analysis of the legal relationship of an alleged agent and his alleged principal irrelevant to guilt under section 9?

2.We refuse the application and decline to certify. 

In our view, the case for  the approach that this court adopted in HKSAR v Fung Hok Cheung [2008] 5 HKLRD invites no further debate.  The argument advanced to the contrary lacks sufficient force to move us to grant a certificate.  

 

(Susan Kwan)
Justice of Appeal
(A R Wright)
Judge of the Court  of First Instance
(P Line)
Judge of the Court of First Instance

Mr Jonathan Man, Senior Public Prosecutor of the Department of Justice, for the Respondent

Mr Barrie Barlow, Senior Counsel and Mr Kevin Egan, instructed by Messrs Robertsons, for the Applicant

Leave to appeal by the applicant to Court of Final Appeal refused. Please refer to FAMC85/2010 dated 22 February 2011