HKSAR v. CHAN HOI TAT

FAMC No. 1/2012

IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MISCELLANEOUS PROCEEDINGS NO. 1 OF 2012 (CRIMINAL)

(ON APPLICATION FOR LEAVE TO APPEAL FROM CACC NO. 447 OF 2010)

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Between:

	HKSAR	Respondent
	- and -
	CHAN HOI TAT	Applicant

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Appeal Committee:

Mr Justice Bokhary PJ, Mr Justice Chan PJ and Mr Justice Ribeiro PJ

Date of Hearing: 5 July 2012 Date of Determination: 5 July 2012

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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.  We grant the applicant leave to appeal to the Court of Final Appeal in order to challenge his conviction on the 5^th, but only the 5^th, charge.  This we do under both limbs of s.32 (2) of the Court’s statute. 

2.  Under the “point of law” limb, leave is granted in respect of the applicant’s point regarding what, if any, relevance the lateness of a notice of alibi has when the weight of the alibi comes to be considered.  And under the “substantial and grave injustice limb, leave is granted in order for the applicant to pursue his Brown v. Dunne point. No leave is granted in respect of the complaint regarding the giving of reasons for the rejection of the alibi.

(Kemal Bokhary)	(Patrick Chan)	(RAV Ribeiro)
Permanent Judge	Permanent Judge	Permanent Judge

Mr James McGowan, instructed by Jimmie K.S. Wong & Partners, for the applicant

Miss Agnes Chan, of the Department of Justice, for the respondent