HKSAR v. KWOK WAI LUN

HKSAR v. KWOK WAI LUN

Leave to appeal was refused because the matter raised no point of law of great and general importance; the prior decision rested on factual credibility findings and not on an arguable legal question within the ambit of s.32, and the application to introduce fresh evidence was inappropriate.

Citation
HKSAR v. KWOK WAI LUN
Parties
Appellant/convicted Person: Appellant; Prosecution/respondent: Respondent; Co Defendant: 2nd Defendant; Prosecution Witness (madam Mak): Mak Sau-mei
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
13 December 2004
Case Number
HCMA754/2004
Procedural Posture
Criminal Appeal (conviction for Living on Earnings of Prostitution) / Application for Leave to Appeal to Court of Final Appeal Under S.32 After Appellate Dismissal
Outcome
Application for leave to appeal to the Court of Final Appeal refused.
Legal Topics
Living on the Earnings of Prostitution, Credibility of Witnesses, Leave to Appeal Under S.32 CFA Ordinance, Admissibility of Fresh Evidence
Source Language
EN
Criminal Law Evidence Appeal Procedure Living on the Earnings of Prostitution Credibility of Witnesses Leave to Appeal Under S.32 CFA Ordinance Admissibility of Fresh Evidence

Case Brief

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Parties

Appellant

Appellant/convicted Person

Respondent

Prosecution/respondent

2nd Defendant

Co Defendant

Mak Sau-mei

Prosecution Witness (madam Mak)

Procedural Posture

Criminal Appeal (conviction for Living on Earnings of Prostitution) / Application for Leave to Appeal to Court of Final Appeal Under S.32 After Appellate Dismissal

Legal Issues

  1. 1 Whether there is a point of law of great and general importance under s.32 Cap.484
  2. 2 Whether the appellate court should overturn a magistrate's credibility findings based on the record
  3. 3 Whether fresh evidence should be admitted at this stage

Ratio Decidendi

Leave to appeal was refused because the matter raised no point of law of great and general importance; the prior decision rested on factual credibility findings and not on an arguable legal question within the ambit of s.32, and the application to introduce fresh evidence was inappropriate.

Court Disposition

Application for leave to appeal to the Court of Final Appeal refused.

Orders

  • Leave to appeal under section 32 Cap.484 refused