HUI YUI SANG v. HKSAR

FAMC No. 64 of 2005

IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

 MISCELLANEOUS PROCEEDINGS NO. 64 OF 2005 (CRIMINAL)

(ON APPLICATION FOR LEAVE TO APPEAL

FROM HCCC NO. 331 OF 2004)

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Between:

	HUI YUI SANG	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 : 5 October 2005

Date of Determination : 5 October 2005

 

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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 grant leave to appeal to the Court of Final Appeal for the reason that the refusal of defence costs in this case is arguably a substantial and grave injustice to the applicant.  The appeal would also present the Court with an opportunity to give guidance on the appropriate procedure to be followed at first instance in this kind of situation.  Although that would not of itself justify granting leave, it makes the appeal all the more worthwhile.  We look forward to counsel’s assistance on the question of such procedure as well as on the merits of the appeal. 

 

 

(Kemal Bokhary) Permanent Judge

(Patrick Chan) Permanent Judge

(R.A.V. Ribeiro) Permanent Judge

 

Mr W.N.C. Stirling (instructed by Messrs Kong & Chang) for the applicant

Mr David C. Leung (of the Department of Justice) for the respondent