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HKSAR v. Wong Sui Ching

Read the full judgment text of FAMC 47/2011 on BabelCite. This FAMC judgment was delivered on 2 December 2011.

1. This is an application by the prosecution for leave to appeal to the Court of Final Appeal in order to pursue a point of law of great and general importance which it has formulated as follows:

Cited by 1 case

Case No.FAMC 47/2011
Court
FAMC
Date02 Dec 2011
Judge—
Case Document
100%Judiciary

FAMC No. 47 of 2011

IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MISCELLANEOUS PROCEEDINGS NO. 47 OF 2011 (CRIMINAL)

(ON APPLICATION FOR LEAVE TO APPEAL FROM HCMA 730 OF 2010)

_____________________

Between:

  HKSAR Applicant
  - and -
  WONG SUI CHING Respondent

_____________________

Appeal Committee: Mr Justice Bokhary PJ, Mr Justice Chan PJ and Mr Justice Ribeiro PJ
Date of Hearing: 2 December 2011
Date of Determination: 2 December 2011

____________________________

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

_____________________________

Mr Justice Bokhary PJ :

1.This is an application by the prosecution for leave to appeal to the Court of Final Appeal in order to pursue a point of law of great and general importance which it has formulated as follows:

“Whether pursuant to section 59(2)(a) of the Crimes Ordinance (Cap.200), property shall be treated as belonging to a person having the custody or control of it only if the custody or control is lawful?”

2.We certify that point and grant the prosecution leave to appeal to the Court of Final Appeal to pursue it.

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

Mr William Tam (of the Department of Justice) for the applicant

Mr Jackson Poon and Mr Joseph Lee (instructed by Messrs Edmund W H Chow & Co.) for the respondent

Cited by 1 case

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