香港特別行政區 訴 黃子偉

香港特別行政區 訴 黃子偉

The court refused the applicant's s32 certificate because his complaints were essentially challenges to factual and credibility findings, not questions of law of great and general importance; the High Court correctly identified that the magistrate's rejection of the complainant's evidence was perverse under Li Man...

Source-derived case information.

Citation
[2026] HKCFI 1380
Parties
Applicant: 黃子偉; Respondent: 香港特別行政區
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
6 March 2026
Case Number
HCMA143/2024
Procedural Posture
Criminal Appeals (case Stated Appeal and Costs Appeal) / Application for Certificate to Court of Final Appeal Under Section 32 of Cap 484
Outcome
Application for a certificate under section 32 Cap 484 refused
Legal Topics
Case Stated Appeal Under Magistrates Ordinance, Certification to Court of Final Appeal S32, Perverse Finding/manifestly Unreasonable Standard, Credibility Findings, Costs Orders
Source Language
ch
Criminal Law Appeal Evidence Procedure Case Stated Appeal Under Magistrates Ordinance Certification to Court of Final Appeal S32 Perverse Finding/manifestly Unreasonable Standard Credibility Findings +1 more

Source-derived case record

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Parties

黃子偉

Applicant

香港特別行政區

Respondent

Procedural Posture

Criminal Appeals (case Stated Appeal and Costs Appeal) / Application for Certificate to Court of Final Appeal Under Section 32 of Cap 484

Legal Issues

  1. 1 Whether the High Court's decision on the prosecution's case‑stated appeal involved a point of law of great and general importance for certification under s32 Cap 484
  2. 2 Whether the appellate court lawfully set aside the magistrate's rejection of the complainant's evidence as perverse under Li Man Wai
  3. 3 Whether the applicant was denied a fair trial or suffered substantial and grave injustice warranting certification

Ratio Decidendi

The court refused the applicant's s32 certificate because his complaints were essentially challenges to factual and credibility findings, not questions of law of great and general importance; the High Court correctly identified that the magistrate's rejection of the complainant's evidence was perverse under Li Man Wai, warranted allowing the prosecution's case‑stated appeal and remitting the three charges for rehearing, and those determinations do not constitute the kind of point of law requiring certification to the Court of Final Appeal.

Court Disposition

Application for a certificate under section 32 Cap 484 refused

Orders

  • Refused the applicant's application for a certificate to seek leave to appeal to the Court of Final Appeal under section 32 Cap 484 dated 6 March 2026
  • Confirmed 28 January 2026 orders: allowed the prosecution's case‑stated appeal (HCMA 20/2025), remitted the three indecent assault charges to the Magistrates' Court for rehearing by a different magistrate, and dismissed the applicant's costs appeal (HCMA 143/2024).