48 lines
2.5 KiB
YAML
48 lines
2.5 KiB
YAML
plaintiff: []
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defendant:
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- LUK KIN PETER JOSEPH (陸健)
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- YU OI KEE (余藹琪)
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jurisdiction_code: HKCFA
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jurisdiction_name: 香港特別行政區終審法院
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case_location:
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- 香港特別行政區
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case_reason: "HKSAR seeks leave to appeal from CACC No. 283 of 2014 regarding the interpretation of 'agent'\
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\ under "
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case_object:
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- the meaning of 'agent' in s.9 of the Prevention of Bribery Ordinance, Cap. 201
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- construction of 'or other document' in s.9(3) of the Prevention of Bribery Ordinance, Cap. 201
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- application of common law principles to statutory anti-corruption regime under the Prevention of Bribery
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Ordinance, Cap. 201
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judgment_result:
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- charge: Leave application for all three applications (liability issue)
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result: Allowed. Leave is given for the appeals on the specified questions.
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judgment_summary: >-
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In this case, the Hong Kong Special Administrative Region (HKSAR) sought leave to appeal from CACC No.
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283 of 2014 regarding the interpretation of 'agent' under the Prevention of Bribery Ordinance, Cap.
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201. The core issues in dispute included: (1) defining 'agent' for s.9 purposes; (2) construing '
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involved_entities:
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- entity_name: Chief Justice Ma
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reason: Presiding judge in this case, responsible for fact-finding and adjudication.
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- entity_name: Mr Justice Ribeiro PJ
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reason: Presiding judge in this case, responsible for fact-finding and adjudication.
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- entity_name: Mr Justice Tang PJ
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reason: Presiding judge in this case, responsible for fact-finding and adjudication.
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- entity_name: Geoffrey Ma
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reason: Chief Justice, cited in paragraph 1 of the determination.
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- entity_name: R A V Ribeiro
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reason: Permanent Judge, cited in paragraph 1 of the determination.
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- entity_name: Robert Tang
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reason: Permanent Judge, cited in paragraph 1 of the determination.
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- entity_name: Mr Edwin Choy and Mr Joe Chan
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reason: Counsel/barristers representing the 1st Defendant (Applicant in FAMC 68/2015).
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- entity_name: Mr Gerard McCoy SC leading Mr Albert N.B. Wong
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reason: Counsel/barristers representing the 2nd Defendant (Applicant in FAMC 69/2015) and Ms Nisha Mohamed.
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- entity_name: Mr William Tam SC, DDPP, and Ms Samantha Chiu, SPP
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reason: Counsel/barristers representing the HKSAR (Applicant in FAMC 15/2016).
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- entity_name: HKSAR
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reason: Respondent/Appellant in all three applications.
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- entity_name: LUK KIN PETER JOSEPH (陸健)
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reason: Applicant/1st Defendant in FAMC 68/2015 and 1st Respondent in FAMC 15/2016.
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- entity_name: YU OI KEE (余藹琪)
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reason: Applicant/2nd Defendant in FAMC 69/2015 and 2nd Respondent in FAMC 15/2016.
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