HKSAR v. Chan Pak Hoe Pablo

FAMC No. 52 of 2011

IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MISCELLANEOUS PROCEEDINGS NO. 52 OF 2011 (CRIMINAL)

(ON APPLICATION FOR LEAVE TO APPEAL FROM HCMA 754 OF 2010)

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Between:

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Appeal Committee:Chief Justice Ma, Mr Justice Bokhary PJ and Mr Justice Ribeiro PJ

Date of Hearing: 19 January 2012

Date of Determination: 19 January 2012

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DETERMINATION

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Mr Justice Bokhary PJ :

1.Section 123 of the Magistrates Ordinance, Cap.227, does not apply.  What apply are the powers of the Secretary for Justice and the jurisdiction of the Court of Final Appeal.  Having regard to those powers and that jurisdiction, this application can be entertained on its merits.  On its merits, this matter deserves to go to the Court of Final Appeal.  It can go forward with the HKSAR named as the appellant.  Leave to appeal is granted accordingly. 

Mr David Leung & Miss Clara Ma (of the Department of Justice) for the applicant

Mr Gerard McCoy SC & Ms Annie Leung (instructed by Messrs Reed Smith Richards Butler) for the respondent