Hksar v Petrus Yau

Judgment Date30 June 1998
Citation[1998] 2 HKLRD 12
Judgement NumberFAMC7/1998
Year1998
CourtCourt of Final Appeal (Hong Kong)
FAMC000007/1998 HKSAR v. PETRUS YAU

FAMC No. 7 of 1998

IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MISCELLANEOUS PROCEEDINGS NO. 7 OF 1998 (CRIMINAL)

(ON APPLICATION FOR LEAVE TO APPEAL

FROM CACC No. 305 OF 1997)

_____________________

Between:
PETRUS YAU Applicant
AND
HONG KONG SPECIAL ADMINISTRATIVE REGION Respondent

_____________________

Appeal Committee: Chief Justice Li, Mr Justice Litton PJ and Mr Justice Bokhary PJ in Court

Date of Hearing :30 June 1998

Date of Determination: 30 June 1998

_____________________________

D E T E R M I N A T I O N

_____________________________

Mr Justice Bokhary, PJ:

1. This applicant was convicted in the District Court on a number of charges. They arose out of his activities in connection with the affairs of an employment agency concerned with placing workers from the Philippines with employers in Hong Kong. And they were two of forgery; four of aiding and abetting the making of a false statement to an immigration officer; and four of aiding and abetting the breach of a condition of stay.

2. His efforts to have those convictions quashed in the Court of Appeal failed. He now seeks our leave to appeal to the Court of Final Appeal in order to renew such efforts there.

3. Such leave is sought on the ground that substantial and grave injustice has been done. The question for us is whether the applicant has made out a reasonably arguable case to that effect.

4. We have considered the applicant's written material and his brief oral remarks. Plainly there was evidence on which a tribunal of fact...

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