有香港特別行政區 訴 伍國璋

有香港特別行政區 訴 伍國璋

The applicant's complaints concerned factual findings and credibility issues already determined at trial and on appeal, and did not raise any point of law of great and general importance nor demonstrated substantial and grave unfairness under s32(2); therefore there was no basis to issue a certificate and the...

Source-derived case information.

Citation
[2020] HKCFI 1678
Parties
Applicant: 伍國璋; Respondent: 香港特別行政區
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
26 June 2020
Case Number
HCMA437/2019
Procedural Posture
Criminal Appeal Leave to Appeal to CFA Under S32(2) / Application for Certificate Under S32(2) After Appeal Decision
Outcome
application for certificate under s32(2) refused
Legal Topics
Negligent Driving Conviction, Leave to Appeal to Court of Final Appeal (s32(2)), Standard of Review on Certificate Application
Source Language
ch
Criminal Law Appellate Procedure Negligent Driving Conviction Leave to Appeal to Court of Final Appeal (s32(2)) Standard of Review on Certificate Application

Source-derived case record

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Parties

伍國璋

Applicant

香港特別行政區

Respondent

Procedural Posture

Criminal Appeal Leave to Appeal to CFA Under S32(2) / Application for Certificate Under S32(2) After Appeal Decision

  1. 1 Whether the case involves a point of law of great and general importance under s32(2) of Cap.484
  2. 2 Whether the applicant has shown substantial and grave unfairness warranting certificate or direct CFA application
  3. 3 Whether factual credibility findings can form basis for a s32(2) certificate

Ratio Decidendi

The applicant's complaints concerned factual findings and credibility issues already determined at trial and on appeal, and did not raise any point of law of great and general importance nor demonstrated substantial and grave unfairness under s32(2); therefore there was no basis to issue a certificate and the application was refused.

Court Disposition

application for certificate under s32(2) refused

Orders

  • Certificate under s32(2) refused
  • No order as to costs (prosecution's costs application dismissed)