HKSAR v. LAM, TAN CHING PAUL
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FAMC No. 23 of 2016
IN THE COURT OF FINAL APPEAL OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
MISCELLANEOUS PROCEEDINGS NO. 23 OF 2016 (CRIMINAL)
(ON APPLICATION FOR LEAVE TO APPEAL
FROM HCMA NO. 729 OF 2015)
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BETWEEN
| HKSAR | Respondent | |
| and | ||
| LAM, TAN CHING PAUL （林丹青） | Applicant |
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| Appeal Committee:Mr Justice Ribeiro PJ, Mr Justice Tang PJ and Mr Justice Fok PJ |
| Date of Hearing and Determination: 9 February 2017 |
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D E T E R M I N A T I O N
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Mr Justice Fok PJ:
1. We grant leave to appeal on the following question of law, namely:
“Whether, on the true and proper construction of the phrase ‘the accompanied personal baggage of a person’ in Regulation 6(1D) of Import and Export (General) Regulations, Cap.60A, such baggage is limited to personal baggage physically carried by, or immediately with, the person himself or extends also to baggage carried by, or immediately with, another who is accompanying the person to leave Hong Kong?”
2. The appeal will be heard on a date to be fixed.
| (R A V Ribeiro) Permanent Judge | (Robert Tang) Permanent Judge | (Joseph Fok) Permanent Judge |
Mr Andy Hung, instructed by Ho & Ip, assigned by the Director of Legal Aid, for the Applicant
Ms Vinci Lam SADPP, of the Department of Justice, for the Respondent