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Fu Kor Kuen Patrick and Another v. HKSAR

Case No.FAMC 7/2011
Court
FAMC
Date07 Jun 2011
Judge—
Case Document
100%

FAMC No. 7 of 2011

IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MISCELLANEOUS PROCEEDINGS NO. 7 OF 2011 (CRIMINAL)

(ON APPLICATION FOR LEAVE TO APPEAL

FROM CACC NO.179 OF 2010)

____________________

Between:

  FU KOR KUEN PATRICK
LEE SHU YUEN FRANCIS		 1st Applicant
2nd 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: 7 June 2011
Date of Determination: 7 June 2011

_________________________

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

_________________________

Mr Justice Bokhary PJ:

1.The circumstances of this case give rise to arguable points of law of great and general importance in regard to the elements of the offence of false trading under s.295 of the Securities and Futures Ordinance Cap.571, and, if it arises, the scope of the statutory defence thereto.  We certify the involvement of those questions and grant leave to appeal to the Court of Final Appeal to pursue them.

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

Mr Peter Duncan SC, Mr Edwin Choy and Mr Philip Chan (instructed by Messrs Haldanes) for the applicants

Mr David Leung (of the Department of Justice) for the respondent