DAVID MORTER v. HKSAR
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FAMC000033/2003
FAMC No. 33 of 2003
IN THE COURT OF FINAL APPEAL OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
MISCELLANEOUS PROCEEDINGS NO. 33 OF 2003 (CRIMINAL)
(ON APPLICATION FOR LEAVE TO APPEAL
FROM HCMA NO. 928 OF 2002)
_____________________
| Between: | ||
| DAVID MORTER | Applicant | |
| AND | ||
| HONG KONG SPECIAL ADMINISTRATIVE REGION | Respondent |
_____________________
Appeal Committee: Mr Justice Bokhary PJ, Mr Justice Chan PJ and Mr Justice Ribeiro PJ
Date of Hearing: 18 February 2004
Date of Determination: 18 February 2004
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DETERMINATION
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Mr Justice Bokhary PJ:
1. Reasonable as always, Mr Cheung has indicated that the prosecution does not oppose leave to appeal and will not oppose the appeal itself. In such circumstances, we order as follows. Leave to appeal is granted. The hearing of the appeal is fixed for 10 a.m. on 10 March 2004. It is deemed that a notice of appeal has been served by Mr Morter in respect of the bind-over and cost orders made against him. The requirement for printed cases is dispensed with. The court accepts, and expresses its thanks for, the prosecution's undertaking to prepare and provide the record, consisting of a single part, within one week from today.
| (Kemal Bokhary) | (Patrick Chan) | (R.A.V. Ribeiro) |
| Permanent Judge | Permanent Judge | Permanent Judge |
Representation:
Mr David Morter, the applicant in person, present
Mr Cheung Wai-sun and Miss Rosaline Leung Sun-yee (of the Department of Justice) for the respondent