HKSAR v. WONG SUI CHING
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FAMC No. 47 of 2011
IN THE COURT OF FINAL APPEAL OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
MISCELLANEOUS PROCEEDINGS NO. 47 OF 2011 (CRIMINAL)
(ON APPLICATION FOR LEAVE TO APPEAL FROM HCMA 730 OF 2010)
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Between:
| HKSAR | Applicant | |
| - and - | ||
| WONG SUI CHING | Respondent |
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| Appeal Committee: Mr Justice Bokhary PJ, Mr Justice Chan PJ and Mr Justice Ribeiro PJ |
| Date of Hearing: 2 December 2011 |
| Date of Determination: 2 December 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. This is an application by the prosecution for leave to appeal to the Court of Final Appeal in order to pursue a point of law of great and general importance which it has formulated as follows:
“Whether pursuant to section 59(2)(a) of the Crimes Ordinance (Cap.200), property shall be treated as belonging to a person having the custody or control of it only if the custody or control is lawful?”
2. We certify that point and grant the prosecution leave to appeal to the Court of Final Appeal to pursue it.
| (Kemal Bokhary) Permanent Judge | (Patrick Chan) Permanent Judge | (RAV Ribeiro) Permanent Judge |
Mr William Tam (of the Department of Justice) for the applicant
Mr Jackson Poon and Mr Joseph Lee (instructed by Messrs Edmund W H Chow & Co.) for the respondent