LAM WAI MING v. HKSAR

FAMC No. 56 of 2004

IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MISCELLANEOUS PROCEEDINGS NO. 56 OF 2004 (CRIMINAL)

(ON APPLICATION FOR LEAVE TO APPEAL

FROM CACC NO. 44 OF 2004)

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Between:

	LAM WAI MING	Applicant
	and
	HONG KONG SPECIAL ADMINISTRATIVE REGION	Respondent

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Appeal Committee: Mr Justice Bokhary PJ, Mr Justice Chan PJ and Mr Justice Ribeiro PJ

Date of Hearing: 15 December 2004

Date of Determination: 15 December 2004

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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. This application has been argued by Mr Edwin Choy with great ability.  But, in the final analysis, we feel unable to accede to his arguments.  In relation to both points urged by Mr Choy, what the trial judge said in his reasons for verdict is open to criticism, and the way in which the Court of Appeal attempted to rationalize what the trial judge said is not entirely satisfactory either.  But the reality of the whole of the case has to be considered.  And when that is done, we feel able to say with confidence that there was a sound basis for convicting and that the flaws in the reasons for the verdict are to be attributed to looseness of language only. 

2. In those circumstances, we do not see any justification for letting this matter proceed to the Court of Final Appeal.  With an expression of our indebtedness to Mr Choy for his able arguments, we refuse leave to appeal.  

 

 

(Kemal Bokhary)	(Patrick Chan)	(R.A.V. Ribeiro)
Permanent Judge	Permanent Judge	Permanent Judge

 

Mr Edwin Choy (instructed by Messrs Clarence Wong, Cheung & Liu) for the applicant

Mr Robert S.K. Lee (of the Department of Justice) for the respondent