HKSAR v. Z

CACC 506/2004

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

criminal APPEAL NO. 506 OF 2004

(ON APPEAL FROM DCCC 1036 of 2004)

____________________

BETWEEN
  HKSAR Respondent
  and  
  Z Applicant

____________________

Before: Hon Stuart-Moore VP and Yuen JA

Date of Hearing: 26 April 2006

Date of Decision: 26 April 2006

______________________

D E C I S I O N

______________________

Stuart-Moore, VP (giving the decision of the Court):

1. This is an application for a certificate, pursuant to section 32(2) of the Hong Kong Court of Final Appeal Ordinance, Cap. 484 for a certificate that a point of law of great and general importance is involved in the decision of this court given on11 May 2005. The Notice of Motion dated 22 March 2006 sets out the point raised.

2. Leaving aside the lateness of the application which is wholly unacceptable, there is, in our opinion, no merit in the application. Accordingly, a certificate is refused.

(M. Stuart-Moore)
Vice-President
(Maria Yuen)
Justice of Appeal

Mr Robert K Y Lee, SGC, of the Department of Justice, for the Respondent.

Mr Robert Y H Pang and Ms Cancy S S Liu, instructed by Bar Free Legal Service Scheme, for the Applicant.