CHAU CHEUK YIU v. POON KIT SANG AND OTHERS
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FAMV No. 7 of 2011
IN THE COURT OF FINAL APPEAL OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
MISCELLANEOUS PROCEEDINGS NO. 7 OF 2011 (CIVIL)
(ON APPLICATION FOR LEAVE TO APPEAL
FROM HCMP NO. 121 OF 2010)
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Between:
| CHAU CHEUK YIU | Applicant (Respondent) | |
| - and - | ||
| POON KIT SANG, Superintendent of Hong Kong Police | 1st Respondent (1st Applicant) | |
| LAU CHI KEUNG, Assistant Commissioner of Hong Kong Police | 2nd Respondent (2nd Applicant) | |
| CHAN WAI KI, Force Discipline Officer and Assistant Commissioner of Hong Kong Police | 3rd Respondent (3rd Applicant) | |
| FUNG SIU YUEN, Deputy Commissioner of Hong Kong Police | 4th Respondent (4th Applicant) |
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| Appeal Committee: | Mr Justice Bokhary PJ, Mr Justice Chan PJ and Mr Justice Ribeiro PJ |
| Date of Hearing: 7 June 2011 |
| Date of Determination: 7 June 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. The principle laid down by the Court of Final Appeal is not in doubt, but the way in which it was applied or purportedly applied below makes it appropriate to grant leave to appeal to the Court of Final Appeal under the “or otherwise” limb of s.22(1)(b) of the Court’s statute. Leave to appeal is granted accordingly.
| (Kemal Bokhary) Permanent Judge | (Patrick Chan) Permanent Judge | (RAV Ribeiro) Permanent Judge |
Mr Anderson Chow SC (instructed by the Department of Justice) for the applicants
Ms Margaret Ng (instructed by Messrs Hastings & Co. and assigned by the Legal Aid Department) for the respondent