Sher Ali Khan v Hksar

CourtCourt of Final Appeal (Hong Kong)
Judgment Date02 Feb 2006
Citation(2006) 9 HKCFAR 791
Judgement NumberFAMC4/2006
SubjectMiscellaneous Proceedings (Criminal)
FAMC000004/2006 SHER ALI KHAN v. HKSAR

FAMC No. 4 of 2006

IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MISCELLANEOUS PROCEEDINGS NO. 4 OF 2006 (CRIMINAL)

(ON APPLICATION FOR LEAVE TO APPEAL

FROM HCMA NO. 394 OF 2005)

_____________________

Between:

  SHER ALI KHAN Applicant
  and  
  HONG KONG SPECIAL ADMINISTRATIVE REGION Respondent

_____________________

Coram: Mr Justice Bokhary Ag CJ

Date of hearing: 2 February 2006

Date of decision: 2 February 2006

__________________

D E C I S I O N

__________________

Mr Justice Bokhary Ag CJ:

1. This is a very unusual situation. On 14 April 2005 this applicant pleaded guilty before I.S.C. Candy, Esq. in the Magistrate’s Court to possession of an identity card relating to another person, contrary to s.7A(1A) of the Registration of Persons Ordinance, Cap. 177, and to breach of condition of stay by way of overstaying, contrary to s.41 of the Immigration Ordinance, Cap. 115. He was on the same day sentenced to a total of 15 months’ imprisonment. This total was made up of consecutive terms of 12 months for the identity card offence and three months for the overstaying, he having overstayed by about 2½ years.

2. The applicant appealed against sentence to the High Court. That appeal was heard and dismissed by Deputy Judge Carlson on 28 June 2005.

3. Then, on 26 January 2006 and therefore very much out of time, the applicant took out two applications: one for leave to appeal against sentence to the Court of Final Appeal and the other for bail pending appeal. On the following day, 27 January 2006, the Registrar, being of the opinion that the application for leave to appeal to the Court of Final Appeal discloses no reasonable grounds for such leave, called upon the applicant under rule 7 of the Hong Kong Court of Final Appeal Rules to show cause before the Appeal Committee, by written submissions to be filed on or before 24 February 2006, why his leave application should not be dismissed by the Appeal Committee.

4. Also on 27 January 2006 I directed that this application for bail pending appeal be heard on 2 February 2006, which is today. Given the intervening Chinese New Year break, that left the prosecution very little time indeed to prepare to meet the application for bail pending appeal. But that cannot be helped. Time is made extremely tight by the fact that the applicant is due to be...

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