香港特別行政區 訴 陳朝約

香港特別行政區 訴 陳朝約

The court refused the out‑of‑time motion for a certificate because the applicant's complaints were matters of fact and evidence rather than questions of law of great and general importance, and therefore did not warrant certification to the Court of Final Appeal.

Source-derived case information.

Citation
[2019] HKCA 884
Parties
Applicant: CHAN Chiu yeuk (陳朝約); Respondent: 香港特別行政區
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
9 August 2019
Case Number
CACC8/2017
Procedural Posture
Criminal Appeal / Application for Certificate of Leave to Appeal to the Court of Final Appeal (out of Time)
Outcome
motion refused; no certificate granted to appeal to the Court of Final Appeal
Legal Topics
Elements of Theft, Standard of Proof Beyond Reasonable Doubt, Agency and Authorization to Sell, Appealability of Factual Findings, Certificate to Appeal to CFA
Source Language
ch
Criminal Law Appeal Evidence Theft Money Laundering Elements of Theft Standard of Proof Beyond Reasonable Doubt Agency and Authorization to Sell +2 more

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Parties

CHAN Chiu yeuk (陳朝約)

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 (out of Time)

Legal Issues

  1. 1 Whether convictions for theft properly established elements: dishonesty, appropriation, property of another and intention to permanently deprive
  2. 2 Whether prosecution proved that the purchaser ('中昌') had purchase price and was not an authorised dealer or that applicant lacked authority to sell ViaSpan
  3. 3 Whether the complaints raised are questions of law of great and general importance warranting a certificate to the Court of Final Appeal

Ratio Decidendi

The court refused the out‑of‑time motion for a certificate because the applicant's complaints were matters of fact and evidence rather than questions of law of great and general importance, and therefore did not warrant certification to the Court of Final Appeal.

Court Disposition

motion refused; no certificate granted to appeal to the Court of Final Appeal

Orders

  • Application for a certificate to appeal to the Court of Final Appeal refused
  • No certificate of leave to appeal to the Court of Final Appeal granted