香港特別行政區 訴 莊玉瑜

香港特別行政區 訴 莊玉瑜

Application for a certificate under s32(2) was refused because the matters raised are disputes over witness credibility and factual findings specific to this case, not questions of law of great and general importance nor a demonstration of substantial and grave unfairness; therefore no basis to issue the certificate.

Source-derived case information.

Citation
[2024] HKCFI 3683
Parties
Respondent: 香港特別行政區; Appellant: 莊玉瑜
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
8 November 2024
Case Number
HCMA248/2023
Procedural Posture
Criminal Appeal — Application for Certificate Under Section 32 Court of Final Appeal Ordinance / Application for Certificate to the Court of Final Appeal Under S32(2) After Dismissal of Conviction and Sentence Appeal by Court of First Instance on 24 May 2024
Outcome
Application for certificate under section 32 Court of Final Appeal Ordinance refused.
Legal Topics
Point of Law of Great and General Importance, Certificate Under Section 32 Court of Final Appeal Ordinance, Witness Credibility, Appeal Against Conviction and Sentence
Source Language
ch
Criminal Law Appellate Procedure Evidence Point of Law of Great and General Importance Certificate Under Section 32 Court of Final Appeal Ordinance Witness Credibility Appeal Against Conviction and Sentence

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Parties

香港特別行政區

Respondent

莊玉瑜

Appellant

Procedural Posture

Criminal Appeal — Application for Certificate Under Section 32 Court of Final Appeal Ordinance / Application for Certificate to the Court of Final Appeal Under S32(2) After Dismissal of Conviction and Sentence Appeal by Court of First Instance on 24 May 2024

  1. 1 Whether the case raises a point of law of great and general importance under s32(2) of the Court of Final Appeal Ordinance
  2. 2 Whether the issues advanced by the appellant amount to a showing of substantial and grave unfairness
  3. 3 Whether contested credibility and factual findings can ground a certificate to the Court of Final Appeal

Ratio Decidendi

Application for a certificate under s32(2) was refused because the matters raised are disputes over witness credibility and factual findings specific to this case, not questions of law of great and general importance nor a demonstration of substantial and grave unfairness; therefore no basis to issue the certificate.

Court Disposition

Application for certificate under section 32 Court of Final Appeal Ordinance refused.

Orders

  • Application for certificate refused.