HABIB AHMED v. HKSAR

FAMC No. 55 of 2009

IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MISCELLANEOUS PROCEEDINGS NO. 55 OF 2009 (CRIMINAL)

(ON APPLICATION FOR LEAVE TO APPEAL
FROM CACC NO. 400 OF 2007)

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Between:

	HABIB AHMED	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 :

30 October 2009 30 October 2009

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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.  It is reasonably arguable that the way in which the Court of Appeal concluded that the misdirection in regard to entry into the premises was immaterial ran counter to accepted norms. On this basis, the applicant is granted leave to appeal to the Court of Final Appeal.

(Kemal Bokhary) Permanent Judge

(Patrick Chan) Permanent Judge

(RAV Ribeiro) Permanent Judge

 

Mr Paul Loughran (instructed by Messrs Massie & Clement and assigned by the Legal Aid Department) for the applicant

Ms Mary Sin (of the Department of Justice) for the respondent