HKSAR v. Ho, Hung Kwan Michael

Case No.FAMC 33/2012

Court

FAMC

Date05 Oct 2012

Judge—

Case Document

100%

FAMC No. 33/2012

IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MISCELLANEOUS PROCEEDINGS NO. 33 OF 2012 (CRIMINAL)

(ON APPLICATION FOR LEAVE TO APPEAL FROM HCMA NO. 582 OF 2011)

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Between:

	HKSAR	Applicant
	- and -
	HO, HUNG KWAN MICHAEL	Respondent

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Appeal Committee:

Mr Justice Bokhary PJ, Mr Justice Ribeiro PJ and Mr Justice Tang NPJ

Date of Hearing: 5 October 2012

Date of Determination: 5 October 2012

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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.We think that there are reasonably arguable grounds for an appeal to the Court of Final Appeal on the “substantial and grave injustice” basis. Such leave to appeal is granted accordingly.

(Kemal Bokhary)	(RAV Ribeiro)	(Robert Tang)
Permanent Judge	Permanent Judge	Non-Permanent Judge

Mr Peter Duncan, SC, Mr Derek Chan & Ms Fiona Nam, inst’d by Cheung & Yip, for the applicant

Mr Alex Lee, DDPP(Ag) of the Department of Justice, for the respondent