SIN LAW YUK LIN, AGNES AND ANOTHER v. HKSAR

FAMC No. 22 of 2002

IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MISCELLANEOUS PROCEEDINGS NO. 22 OF 2002(CRIMINAL)

(ON APPLICATION FOR LEAVE TO APPEAL
FROM CACC NO. 17 OF 2001)

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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. On 18 July 2002 we heard and reserved our determination on this application for leave to appeal to the Court of Final Appeal. We now hand down our determination by which, for the reasons given below, we refuse leave to appeal.

2. As to the point of law which we are asked to certify, it suffices to say this. It is, in our view, clear beyond reasonable argument to the contrary that a shareholder has a financial interest within the meaning of the relevant regulation in property which the company has agreed to purchase but has not yet had assigned to it.

3. As to the matter of substantial and grave injustice, it suffices to say this. We do not think that it is reasonably arguable that there was any departure from accepted norms in the way in which the Court of Appeal went about concluding (i) that the trial judge had adequately considered the issue of the applicants' belief and (ii) that the error which the trial judge made on another aspect of the case did not materially affect his finding as to such belief.

Representation:

Mr Gerard McCoy SC and Mr Alexander King (instructed by Messrs Haldanes) for the applicants

Mr Kevin Zervos and Mr Alex Lee (of the Department of Justice) for the respondent