香港特別行政區 訴 張志真

香港特別行政區 訴 張志真

The application for a certificate under Cap 484 s32(2) was refused because the matters asserted were fact‑bound complaints about the trial judge's evaluation of witness evidence and factual findings, not questions of law of great and general importance, and no substantial or serious unfairness was shown; therefore...

Source-derived case information.

Citation
[2020] HKCFI 1320
Parties
Applicant: 張志真; Respondent: 香港特別行政區
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
18 May 2020
Case Number
HCMA380/2019
Procedural Posture
Criminal Appeal / Application for Certificate of Leave to Appeal to the Court of Final Appeal Under Cap 484 S32(2) After Dismissal of Conviction Appeal on 22 January 2020
Outcome
Application refused; no certificate under Cap 484 s32(2) granted; the prior dismissal of the conviction appeal on 22 January 2020 stands.
Legal Topics
Leave to Appeal to CFA, Judicial Conduct, Credibility Assessment, Standard of Appellate Review
Source Language
ch
Criminal Law Appellate Procedure Evidence Law Leave to Appeal to CFA Judicial Conduct Credibility Assessment Standard of Appellate Review

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Parties

張志真

Applicant

香港特別行政區

Respondent

Procedural Posture

Criminal Appeal / Application for Certificate of Leave to Appeal to the Court of Final Appeal Under Cap 484 S32(2) After Dismissal of Conviction Appeal on 22 January 2020

  1. 1 Whether the case raises a question of law of great and general importance under Cap 484 s32(2)
  2. 2 Whether the trial judge's interventions in witness questioning rendered the trial unfair
  3. 3 Whether the trial judge improperly relied on contested or ambiguous admissions as sole evidence

Ratio Decidendi

The application for a certificate under Cap 484 s32(2) was refused because the matters asserted were fact‑bound complaints about the trial judge's evaluation of witness evidence and factual findings, not questions of law of great and general importance, and no substantial or serious unfairness was shown; therefore no basis existed to certify the appeal to the Court of Final Appeal.

Court Disposition

Application refused; no certificate under Cap 484 s32(2) granted; the prior dismissal of the conviction appeal on 22 January 2020 stands.

Orders

  • Application for certificate under Cap 484 s32(2) refused.
  • Appeal against conviction dismissed (decision dated 22 January 2020).