HKSAR v. Lee To Nei

HCMA 403/2010

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MAGISTRACY APPEAL NO. 403 OF 2010

(ON APPEAL FROM KTCC 6963/2009)

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Before: Deputy High Court Judge E Toh in Court

Date of Hearing: 10 January 2011

Date of Ruling: 10 January 2011

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R U L I N G

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Application for a certificate to the Court of Final Appeal

1.This was an appeal under the Trade Descriptions Ordinance and after hearing arguments from counsel, this Court had ruled that the Court of Final Appeal’s decision in HKSAR v Hung Chan Wah [2006] 3 HKLRD 841 and HKSAR v Ng Po On (2008) 1 HKCFAR 91 were case-specific, and this Court after considering English authorities relating to the same subject matter had decided to follow the House of Lords’ decision in R v Johnstone [2003] 1 WLR 1736.

2.I do agree with counsel for the applicant that the four questions I have certified do raise points of law of great and general importance, and therefore I have granted a certificate accordingly.

Mr Wesley Wong, SADPP, of the Department of Justice, for the Respondent

Mr Richard Wong, instructed by Messrs Amy Lam & Co, for the Applicant

Applicant's application for leave to appeal to Court of Final Appeal granted by Court of Final Appeal. Please refer to FAMC99/2010 and FAMC9/2011 dated 10 June 2011