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Mok Swee Chuan v. HKSAR

Case No.FAMC 69/2010
Court
FAMC
Date14 Dec 2010
Judge—
Case Document
100%

FAMC No. 69 of 2010

IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MISCELLANEOUS PROCEEDINGS NO. 69 OF 2010 (CRIMINAL)

(ON APPLICATION FOR LEAVE TO APPEAL

FROM CACC NO. 96 OF 2007)

____________________

Between:

  MOK SWEE CHUAN Applicant
  - and -
  HONG KONG SPECIAL ADMINISTRATIVE REGION Respondent

____________________

Appeal Committee: Mr Justice Bokhary PJ, Mr Justice Chan PJ and Mr Justice Ribeiro PJ
Date of Hearing: 14 December 2010
Date of Determination: 14 December 2010

_________________________

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

_________________________

Mr Justice Bokhary PJ:

1.While the Court of Appeal’s reasons for affirming this conviction may be open to question, it is plain beyond reasonable argument to the contrary that any real danger that the jury would put the previous conviction to any prejudicial use would have been removed by the trial judge’s directions.

2.Despite the care with which this application has been prepared and the ability with which it has been presented, leave to appeal is refused.

(Kemal Bokhary)
Permanent Judge		 (Patrick Chan)
Permanent Judge		 (R A V Ribeiro)
Permanent Judge

Mr David Boyton (instructed by Messrs Joseph C. T. Lee & Co.) for the applicant

Ms Agnes Chan (of the Department of Justice) for the respondent