MOK KIN KAU v. HKSAR
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FAMC No. 51 of 2007
IN THE COURT OF FINAL APPEAL OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
MISCELLANEOUS PROCEEDINGS NO. 51 OF 2007 (CRIMINAL)
(ON APPLICATION FOR LEAVE TO APPEAL
FROM HCMA NO. 1161 OF 2006)
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Between:
| MOK KIN KAU | 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: | |
| Date of Determination: | 6 November 2007 |
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DETERMINATION
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Mr Justice Bokhary PJ :
Bringing matters to a conclusion without undue delay is an important feature of our criminal justice system. It is reasonably arguable that a third trial in circumstances like these would constitute a departure from accepted norms to an accused person’s disadvantage. We grant the applicant leave to appeal to the Court of Final Appeal under the “substantial and grave injustice” limb of s.32(2) of the Court’s statute.
[Hearing of appeal fixed for 17 January 2008.]
| (Kemal Bokhary) Permanent Judge | (Patrick Chan) Permanent Judge | (RAV Ribeiro) Permanent Judge |
Mr Andrew Bruce SC (instructed by Messrs Y L Yeung & Co.) for the applicant
Mr Simon Tam (of the Department of Justice) for the respondent