香港特別行政區 訴 王心玲

香港特別行政區 訴 王心玲

The court refused to certify a right of appeal to the Court of Final Appeal because the questions raised were case‑specific and already governed by existing authorities; the matters relied on do not constitute points of substantial and general importance meriting a certificate, and the existing discretion and case...

Source-derived case information.

Citation
[2025] HKCFI 1025
Parties
Applicant: 王心玲; Respondent: 香港特別行政區
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
6 February 2025
Case Number
HCMA270/2021
Procedural Posture
Criminal Appeal — Application for Certificate to Appeal to Court of Final Appeal Under Cap.484 S32 / Application for Certificate; Decision at High Court (6 Feb 2025)
Outcome
application for certificate to appeal to the Court of Final Appeal refused
Legal Topics
Ineffective Assistance of Counsel, Admission of Fresh/oral Evidence on Appeal, Withdrawal of Appeal Grounds by Appellant Counsel, Certificate for Leave to Appeal Under S32 Cap.484, Standard for 'substantial and General Importance'
Source Language
ch
Criminal Law Appeals Procedural Law Evidence Ineffective Assistance of Counsel Admission of Fresh/oral Evidence on Appeal Withdrawal of Appeal Grounds by Appellant Counsel Certificate for Leave to Appeal Under S32 Cap.484 +1 more

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Parties

王心玲

Applicant

香港特別行政區

Respondent

Procedural Posture

Criminal Appeal — Application for Certificate to Appeal to Court of Final Appeal Under Cap.484 S32 / Application for Certificate; Decision at High Court (6 Feb 2025)

  1. 1 Whether the questions raised are legal points of substantial and general importance under Cap.484 s32(2)
  2. 2 When and in what procedure an appellate court may permit the appellant or original trial counsel to give evidence when ineffective assistance is alleged
  3. 3 How and when appellate counsel may withdraw an appeal or grounds, especially where credibility assessments favour the appellant

Ratio Decidendi

The court refused to certify a right of appeal to the Court of Final Appeal because the questions raised were case‑specific and already governed by existing authorities; the matters relied on do not constitute points of substantial and general importance meriting a certificate, and the existing discretion and case law adequately govern reception of evidence and withdrawal of grounds on appeal.

Court Disposition

application for certificate to appeal to the Court of Final Appeal refused

Orders

  • Application for certificate under Cap.484 s32 refused
  • No order as to costs