HKSAR v. TANG DOCK WAH

FAMC No. 72 of 2011

IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MISCELLANEOUS PROCEEDINGS NO. 72 OF 2011 (CRIMINAL)

(ON APPLICATION FOR LEAVE TO APPEAL FROM CACC 19 OF 2010)

_____________________

Between:
HKSAR Respondent
– and –
KULEMESIN YURIY Applicant

_____________________

FAMC No. 2 of 2012

IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MISCELLANEOUS PROCEEDINGS NO. 2 OF 2012 (CRIMINAL)

(ON APPLICATION FOR LEAVE TO APPEAL FROM CACC 19 OF 2010)

_____________________

Between:
HKSAR Respondent
– and –
TANG DOCK WAH Applicant

_____________________

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

Date of Hearing: 29 May 2012
Date of Determination: 29 May 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 leave to appeal on the question certified by the Court of Appeal, we certify the other seven questions and we grant leaveto appeal on those other seven questions, too.

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

Mr Peter Duncan SC and Mr James McGowan, instructed by Ince & Co, for the applicant (FAMC No. 72 of 2011)

Mr Gerard McCoy SC, instructed by Holman Fenwick Willan, for the applicant (FAMC No. 2 of 2012)

Mr Simon Westbrook SC, instructed by the Department of Justice, and Mr Robert Lee, SADPP of that Department, for the respondent