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Chau Cheuk Yiu v. Poon Kit Sang and Others

Case No.FAMV 7/2011
Court
Court of Final Appeal
Date07 Jun 2011
JudgeMr Justice Bokhary PJ, Mr Justice Chan PJ, Mr Justice Ribeiro PJ
Case Document
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FAMV No. 7 of 2011

IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MISCELLANEOUS PROCEEDINGS NO. 7 OF 2011 (CIVIL)

(ON APPLICATION FOR LEAVE TO APPEAL

FROM HCMP NO. 121 OF 2010)

____________________

Between:

  CHAU CHEUK YIU Applicant
(Respondent)
  - and -
  POON KIT SANG,
Superintendent of Hong Kong Police		 1st Respondent
(1st Applicant)
  LAU CHI KEUNG,
Assistant Commissioner of Hong Kong Police		 2nd Respondent
(2nd Applicant)
  CHAN WAI KI,
Force Discipline Officer and Assistant Commissioner of Hong Kong Police		 3rd Respondent
(3rd Applicant)
  FUNG SIU YUEN,
Deputy Commissioner of Hong Kong Police		 4th Respondent
(4th Applicant)

____________________

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 principle laid down by the Court of Final Appeal is not in doubt, but the way in which it was applied or purportedly applied below makes it appropriate to grant leave to appeal to the Court of Final Appeal under the “or otherwise” limb of s.22(1)(b) of the Court’s statute.  Leave to appeal is granted accordingly.

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

Mr Anderson Chow SC (instructed by the Department of Justice) for the applicants

Ms Margaret Ng (instructed by Messrs Hastings & Co. and assigned by the Legal Aid Department) for the respondent