HAU TUNG YING AND ANOTHER v. HKSAR

FAMC Nos 35 & 36 of 2010

IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MISCELLANEOUS PROCEEDINGS NOS 35 and 36 OF 2010 (CRIMINAL)

(ON APPLICATION FOR LEAVE TO APPEAL

FROM CACC NO. 72 OF 2009)

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Between
HAU TUNG YING 1st Applicant
LI BIN 2nd Applicant
and
HONG KONG SPECIAL ADMINISTRATIVE REGION Respondent

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Appeal Committee : Mr Justice Bokhary PJ, Mr Justice Chan PJ and Mr Justice Ribeiro PJ

Date of Hearing : 8 July 2010

Date of Determination : 8 July 2010

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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. Whether these convictions can be maintained involve arguable questions of law and as to accepted norms worthy of the Court ofFinal Appeal’s attention.

2. Leave to appeal is granted to both applicants under both limbs of s.32(2) of the Court’s statute.

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

Mr Michael Blanchflower SC and Miss Maggie Wong (instructed by Messrs Chong & Partners) for the 1st applicant

Mr Peter Duncan SC and Mr Tony Ko (instructed by Messrs Sit Fung Kwong & Shum) for the 2nd applicant

Mr Alex Lee (of the Department of Justice) for the respondent