IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF APPEAL
criminal APPEAL NO. 375 OF 2005
(ON APPEAL FROM HCCC NO. 120 of 2004)
Before: Hon Stuart-Moore VP, Stock and Yeung JJA
Date of Hearing: 19 December 2006
Date of Judgment: 19 December 2006
J U D G M E N T
Stuart-Moore, VP (giving the judgment of the Court):
1. This is an application, pursuant to section 32(2) of the Court of Final Appeal Ordinance, Cap. 484, for a certificate that pointsof law of great and general importance are involved in the decision we gave on 10 November 2006. In the application dated 13 November2006, two points are identified, namely:
2. The first question presupposes inordinate delay which we understand to mean a delay such as to prejudice a fair trial, in whichcase the question is hardly one that requires determination. Similarly, with the second question which is posed, it cannot be suggestedthat it is never right to order a third trial as this decision will be determined by issues which are entirely case-sensitive.
3. We fail, in the circumstances, to see how it could be appropriate to grant a certificate. Accordingly, the application is dismissed.
Mr John Reading, SC, DDPP, and Ms Ada Chan, SGC (Ag.), of the Department of Justice, for the Respondent.
Mr Graham Harris, instructed by Messrs Haldanes, assigned by Director of Legal Aid, for the Applicant.