Li Koi Hop v Hksar

Judgment Date26 January 1999
Year1999
Judgement NumberFAMC29/1998
CourtCourt of Final Appeal (Hong Kong)
FAMC000029/1998 LI KOI HOP v. HKSAR

FAMC000029/1998

FAMC No. 29 of 1998

IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MISCELLANEOUS PROCEEDINGS NO. 29 OF 1998 (CRIMINAL)

(ON APPLICATION FOR LEAVE TO APPEAL

FROM MAGISTRACY APPEAL No. 631 OF 1998)

_____________________

Between:
LI KOI HOP Applicant
AND
HONG KONG SPECIAL ADMINISTRATIVE REGION Respondent

_____________________

Appeal Committee: Mr Justice Litton PJ, Mr Justice Ching PJ and Mr Justice Bokhary PJ

Date of Hearing: 26 January 1999

Date of Determination: 26 January 1999

________________________________

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

________________________________

Mr Justice Litton PJ:

1. This is the Appeal Committee's determination.

2. On 3 June 1997 the applicant was acquitted by a magistrate on a charge of careless driving. On 20 June he applied to the magistrate for the costs of the proceedings but his application was dismissed. The magistrate took the view that there was evidence to justify the issue of the summons, but the evidence was not sufficiently strong when tested in court to warrant convicting the applicant. On appeal to Mr Justice Yeung in the High Court, the magistrate's determination was affirmed.

3. The applicant now seeks leave to appeal to the Court of Final Appeal. No question of law of great and general importance has been identified for the Court of Final Appeal's consideration, nor has Mr Justice Yeung...

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