HKSAR v. LUK CHIU KI

FAMC No. 15 of 2005

IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MISCELLANEOUS PROCEEDINGS NO. 15 OF 2005 (Criminal)

(ON APPLICATION FOR LEAVE TO APPEAL FROM
HCMA No. 1058 of 2004)

_______________________

_______________________

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

_______________________

DETERMINATION

_______________________

Mr Justice Bokhary PJ:

1.  It is a very sad case, but we see no basis for allowing the matter to proceed to the Court of Final Appeal.  On a selective reading, it is possible to conceive the notion that the magistrate may have misunderstood the evidence.  But on a fair reading, the argument to that effect is impossible.  It is said also that there is no reason why the applicant would commit an offence like this.  There is certainly no good reason why he would.  But the experience of the courts is that seemingly respectable people do sometimes commit offences, risking a great deal for very little gain and running great risks.

2.  It is, as we have said, a very sad case.  But there simply is no basis for allowing the matter to proceed any further.  The application for leave to appeal to the Court of Final Appeal is dismissed.