Fook Chiang Lee v State of Kosrae [2015] FMSC 44; 20 FSM R. 229 (App. 2015) (20 October 2015)

Lee v. Kosrae
20 FSM R. 229 (App. 2015)

FSM SUPREME COURT APPELLATE DIVISION

APPEAL CASE NO. K7-2014
(KSC Criminal Case No. 73-2014)

FOOK CHIANG LEE,
Appellant,

vs.

STATE OF KOSRAE,
Appellee.

ORDER DENYING PETITION FOR REHEARING

Decided: October 20, 2015

BEFORE:

Hon. Ready E. Johnny, Associate Justice, FSM Supreme Court
Hon. Beauleen Carl-Worswick, Associate Justice, FSM Supreme Court
Hon. Camillo Noket, Specially Assigned Justice, FSM Supreme Court*

*Chief Justice, Chuuk State Supreme Court, Weno, Chuuk

APPEARANCE:

For the Appellant: Harry Seymour, Esq.
Office of the Public Defender
P.O. Box 245
Tofol, Kosrae FM 96944

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HEADNOTES

Appellate Review - Rehearing

A petition for rehearing must be filed within fourteen days of entry of the judgment, but the court may, by order, enlarge (or shorten) that time. Lee v. Kosrae, 20 FSM R. 229, 230 (App. 2015).

Appellate Review - Rehearing

A rehearing petition filed after the time to file a petition for rehearing has expired is considered a petition for rehearing, as well as a motion to enlarge time to file such a petition, and may be denied in its entirety as untimely filed. Lee v. Kosrae, 20 FSM R. 229, 230 (App. 2015).

Appellate Review - Rehearing

An appellate court will grant a petition for rehearing only if it has overlooked or misapprehended points of law or fact, and then only if the misapprehended or overlooked point might alter the outcome. Lee v. Kosrae, 20 FSM R. 229, 231 (App. 2015).

Appellate Review - Rehearing

Ordinarily, an appellate court will summarily deny a petition for rehearing, but, when clarification may be helpful, it may give some reasons. Lee v. Kosrae, 20 FSM R. 229, 231 (App. 2015).

Foreign Investment Laws; Marine Resources

A Kosrae Island Resource Management Authority sea cucumber permit is the only sea cucumber permit needed so as not to violate either Kosrae State Code § 13.) or § 13.523(.523(6). A fo citizeitizen also needs a foreign investment permit to engage in a sea cucumber (or any other) business, and the lack of a foreign investment permit or thlatioone or more of itof its conditions would be charged under tder the foreign investment statutes, not under § 13.523(5) or &##160;13.523(.523(6). Lee v. Kosrae, 20 FSM R. 229, 231 (App. 2015).

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