WAN CHUN YIP v. HKSAR

FAMC No. 12 of 2009

IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MISCELLANEOUS PROCEEDINGS NO. 12 OF 2009 (CRIMINAL)

(ON APPLICATION FOR LEAVE TO APPEAL

FROM HCMA NO. 806 OF 2008)

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Between:

WAN, CHUN-YIP (溫俊業) Applicant
– and –
HONG KONG SPECIAL ADMINISTRATIVE REGION Respondent

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

Date of Hearing : 30 March 2009

Date of Determination : 30 March 2009

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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 :

As we said in Seabrook v. HKSAR (1999) 2 HKCFAR 184 at pp 186J-187A, it is only in “the rarest of cases” that an appeal against sentence would reach the Court of Final Appeal. Seabrook’s case was such a case, involving the resolution of a far-reaching point of sentencing principle. Another such case was Wong Chun Cheong v. HKSAR (2001) 4 HKCFAR 12 which also involved such a point. The present case is in truth one on the quantum of sentence, and is not an appropriate one forleave to appeal to the Court of Final Appeal. In future, it is to be expected that leave applications like this one will be disposedof under rule 7 of the Court’s rules without an oral hearing. Leave is refused.

(Patrick Chan) (Kemal Bokhary) (RAV Ribeiro)
Acting Chief Justice Permanent Judge Permanent Judge

Mr Andy Hung Hing Shek (instructed by Director of Legal Aid) for the applicant

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