83986-EN-2012-10-05
HKSAR v. HO, HUNG KWAN MICHAEL
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FAMC No. 33/2012
IN THE COURT OF FINAL APPEAL OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
MISCELLANEOUS PROCEEDINGS NO. 33 OF 2012 (CRIMINAL)
(ON APPLICATION FOR LEAVE TO APPEAL FROM HCMA NO. 582 OF 2011)
_____________________
Between:
| HKSAR | Applicant | |
| - and - | ||
| HO, HUNG KWAN MICHAEL | Respondent |
| _____________________ |
| Appeal Committee: | Mr Justice Bokhary PJ, Mr Justice Ribeiro PJ and Mr Justice Tang NPJ |
| Date of Hearing: 5 October 2012 |
| Date of Determination: 5 October 2012 |
_____________________
D E T E R M I N A T I O N
_____________________
Mr Justice Bokhary PJ :
1. We think that there are reasonably arguable grounds for an appeal to the Court of Final Appeal on the “substantial and grave injustice” basis. Such leave to appeal is granted accordingly.
| (Kemal Bokhary) | (RAV Ribeiro) | (Robert Tang) |
| Permanent Judge | Permanent Judge | Non-Permanent Judge |
Mr Peter Duncan, SC, Mr Derek Chan & Ms Fiona Nam, inst’d by Cheung & Yip, for the applicant
Mr Alex Lee, DDPP(Ag) of the Department of Justice, for the respondent