Ng Mei Fa v. HKSAR

Case No.FAMC 95/2010

Court

FAMC

Date14 Oct 2011

Judge—

Case Document

100%

FAMC No. 95 of 2010

IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MISCELLANEOUS PROCEEDINGS NO. 95 OF 2010 (CRIMINAL)

(ON APPLICATION FOR LEAVE TO APPEAL FROM CACC 420 OF 2009)

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Between:

	NG MEI FA	Applicant
	- and -
	HKSAR	Respondent

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Appeal Committee:

Mr Justice Bokhary PJ, Mr Justice Chan PJ and
Mr Justice Ribeiro PJ

Date of Hearing: 14 October 2011

Date of Determination: 14 October 2011

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

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Mr Justice Bokhary PJ :

1.As Mr Peter Duncan SC for the applicant rightly accepts, the “substantial and grave injustice” ground does not involve the Court of Final Appeal functioning as a second court of criminal appeal. But if this matter were to proceed, that is precisely how the Court of Final Appeal would be invited to function. Leave to appeal cannot be granted. It is refused.

(Kemal Bokhary)
Permanent Judge

(Patrick Chan)
Permanent Judge

(RAV Ribeiro)
Permanent Judge

Mr Peter Duncan, SC, Mr T.R.W. Jenkyn-Jones & Ms Maggie Wong (instructed by Messrs Ip, Kwan & Co.) for the applicant

Ms Alice Chan, Ag. SADPP (of the Department of Justice) for the respondent