NG MEI FA v. HKSAR
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FAMC No. 95 of 2010
IN THE COURT OF FINAL APPEAL OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
MISCELLANEOUS PROCEEDINGS NO. 95 OF 2010 (CRIMINAL)
(ON APPLICATION FOR LEAVE TO APPEAL FROM CACC 420 OF 2009)
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Between:
| NG MEI FA | Applicant | |
| - and - | ||
| HKSAR | Respondent |
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| Appeal Committee: | Mr Justice Bokhary PJ, Mr Justice Chan PJ and Mr Justice Ribeiro PJ |
| Date of Hearing: 14 October 2011 |
| Date of Determination: 14 October 2011 |
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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. As Mr Peter Duncan SC for the applicant rightly accepts, the “substantial and grave injustice” ground does not involve the Court of Final Appeal functioning as a second court of criminal appeal. But if this matter were to proceed, that is precisely how the Court of Final Appeal would be invited to function. Leave to appeal cannot be granted. It is refused.
| (Kemal Bokhary) Permanent Judge | (Patrick Chan) Permanent Judge | (RAV Ribeiro) Permanent Judge |
Mr Peter Duncan, SC, Mr T.R.W. Jenkyn-Jones & Ms Maggie Wong (instructed by Messrs Ip, Kwan & Co.) for the applicant
Ms Alice Chan, Ag. SADPP (of the Department of Justice) for the respondent