MAK YUEN MING v. HKSAR

FAMC No. 37 of 2005

IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MISCELLANEOUS PROCEEDINGS NO. 37 OF 2005 (CRIMINAL)

(ON APPLICATION FOR LEAVE TO APPEAL

FROM CACC NO. 283 OF 2002)

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Between:

MAK YUEN MING 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: 4 October 2005
Date of Determination: 4 October 2005

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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. This applicant was convicted in the High Court of robbery. His conviction was affirmed by the Court of Appeal. He now seeks leaveto appeal against that conviction to the Court of Final Appeal under the “substantial and grave injustice” limb of s.32(2) ofthe Court’s statute.

2. All the points urged in support of his application for such leave can be disposed of by saying simply this. Although he was notpresent at the scene of the robbery when it was committed, there was evidence that he had participated in planning it and facilitatingits execution, and that he was to receive a percentage of its proceeds. That amounted to evidence on which the jury were entitledto convict him. They received adequate directions from the trial judge. And the hearings in the courts below proceeded in conformitywith accepted norms. Accordingly leave to appeal is refused.

(Kemal Bokhary)
Permanent Judge
(Patrick Chan)
Permanent Judge
(R.A.V. Ribeiro)
Permanent Judge

Mr Wong Po Wing (instructed by Messrs Haldanes and assigned by the Legal Aid Department) for the applicant

Ms Mary Sin (of the Department of Justice) for the respondent