CHU SIK CHOR AND ANOTHER v. HKSAR
Leave to appeal was refused because the applicants advanced no new or arguable grounds sufficient to justify the Court of Final Appeal re-opening factual determinations properly investigated by the courts below.
Source-derived case information.
- Citation
- CHU SIK CHOR AND ANOTHER v. HKSAR
- Parties
- 1st Applicant: CHU SIK CHOR; 2nd Applicant: MA YUET YING; Respondent: HONG KONG SPECIAL ADMINISTRATIVE REGION
- Court
- Court of Final Appeal
- Jurisdiction
- Hong Kong
- Judgment Date
- 9 May 2000
- Case Number
- FAMC4/2000
- Procedural Posture
- Miscellaneous Proceedings No. 4 of 2000 (criminal); Application for Leave to Appeal From HCMA No. 584 of 1999 / Application for Leave to Appeal — Determination by the Court of Final Appeal
- Outcome
- Applications for leave to appeal dismissed.
- Legal Topics
- Leave to Appeal, Common Assault, Obstruction of a Police Officer, Appellate Fact Review
- Source Language
- et
Source-derived case record
Summary, issues, holding and outcome
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Parties
CHU SIK CHOR
1st Applicant
MA YUET YING
2nd Applicant
HONG KONG SPECIAL ADMINISTRATIVE REGION
Respondent
Procedural Posture
Miscellaneous Proceedings No. 4 of 2000 (criminal); Application for Leave to Appeal From HCMA No. 584 of 1999 / Application for Leave to Appeal — Determination by the Court of Final Appeal
Legal Issues
- 1 Whether leave to appeal should be granted to review convictions for common assault and obstruction of a police officer
- 2 Whether the Court of Final Appeal should re-evaluate factual findings from the courts below
Ratio Decidendi
Leave to appeal was refused because the applicants advanced no new or arguable grounds sufficient to justify the Court of Final Appeal re-opening factual determinations properly investigated by the courts below.
Court Disposition
Applications for leave to appeal dismissed.
Orders
- These applications are dismissed.
Full Case Text
Judgment text and source record
1 paragraphs
bjbj (Not for Circulation) FAMC No. 4 of 2000 IN THE COURT OF FINAL APPEAL OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION MISCELLANEOUS PROCEEDINGS NO. 4 OF 2000 (CRIMINAL) (ON APPLICATION FOR LEAVE TO APPEAL FROM HCMA No. 584 OF 1999) _____________________ Between: CHU SIK CHOR MA YUET YING 1st Applicant 2nd 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: May 2000 Date of Determination: 9 May 2000 D E T E R M I N A T I O N Mr Justice Litton PJ: There are two applicants before us, seeking leave to appeal against the dismissal of their appeals by Mr Justice Woo JA in the High Court. They were convicted jointly on one charge of common assault in the Western Magistracy. Additionally, the first applicant was convicted of wilfully obstructing a police officer in the due execution of his duty. The facts leading to these convictions have been carefully investigated in the two courts below. It is not the function of the Court of Final Appeal to review the facts all over again. The applicants have brought forward nothing this morning which would justify leave to bring an appeal to the Court of Final Appeal. These applications are dismissed. (Henry Litton) Permanent Judge (Charles Ching) Permanent Judge (Kemal Bokhary) Permanent Judge Mr Chu Sik Chor, 1st Applicant, in person Ms Ma Yuet Ying, 2nd Applicant, in person Mr Arthur Luk and Mr Alex Lee (of Department of Justice) for the Respondent - PAGE - E&3KEF & 6" FAMC No Judge Normal.dot Microsoft Word 8.0 FAMC No Title _PID_GUID Georgi Microsoft Word Document MSWordDoc Word.Document.8