HKSAR v. POON CHUN KIT

bjbj nomacro Applicant ____ Before: Hon Stuart-Moore VP, Tang VP and McMahon J Date of Hearing: 7 August 2007 Date of Judgment: 7 August 2007

J U D G M E N T Stuart-Moore, macrobutton nomacro VP (giving the judgment of the Court): This is an application, pursuant to section 32(2) of the Court of Final Appeal Ordinance, Cap. 484, for a certificate that a point of law of great and general importance was involved in the decision which we handed down on 27 April 2007. The point of law, annexed to a notice of motion and affirmation from the applicant, both dated 22 May 2007, reads as follows: Whether or not, for the offence of statutory conspiracy [section 159A Crimes Ordinance, Cap. 200], the prosecution is required to prove against each and every co-conspirator his individual intention to participate in the agreed course of conduct. Having considered counsel s general submissions, we decline to grant a certificate and this application is refused. (M. Stuart-Moore) macrobutton nomacro Vice-President macrobutton nomacro Robert Tang ) Vice-President (M.A. McMahon) Judge of the Court of First Instance Mr Alex Lee, SADPP, of the Department of Justice, for the Respondent. Mr Peter Chow, instructed by Messrs David Hui & Co., for the macrobutton nomacro Applicant

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