HKSAR v. NG KIM

HKSAR v. NG KIM

No point of law of great and general importance was identified; the contested issues involved application of established legal principles to the facts and therefore did not merit a s32 certificate; this court lacks power to decide the 'grave and substantial injustice' limb of s32(2), which is reserved to the Court...

Source-derived case information.

Citation
HKSAR v. NG KIM
Parties
Respondent: HKSAR; 2nd Appellant (applicant): NG KIM
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
5 December 2008
Case Number
HCMA329/2008
Procedural Posture
Magistracy Appeal (court of First Instance) on Appeal From TWCC 497 of 2007 / Application for Certificate Under Section 32 of the Court of Final Appeal Ordinance (cap. 484) After Dismissal of Appeal
Outcome
Application for certificate under section 32 Cap. 484 refused.
Legal Topics
Certificate Under Section 32 Cap.484, Affidavit Under Section 121, Point of Law of Great and General Importance, Grave and Substantial Injustice
Source Language
en
Criminal Law Appellate Procedure Evidence Certificate Under Section 32 Cap.484 Affidavit Under Section 121 Point of Law of Great and General Importance Grave and Substantial Injustice

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 3 Party arguments 2
Sign in to unlock

Parties

HKSAR

Respondent

NG KIM

2nd Appellant (applicant)

Procedural Posture

Magistracy Appeal (court of First Instance) on Appeal From TWCC 497 of 2007 / Application for Certificate Under Section 32 of the Court of Final Appeal Ordinance (cap. 484) After Dismissal of Appeal

Legal Issues

  1. 1 Whether the appeal raises a point of law of great and general importance
  2. 2 Whether the section 121 affidavit was defective
  3. 3 Whether this court may assess the 'grave and substantial injustice' limb of s32(2) Cap.484

Ratio Decidendi

No point of law of great and general importance was identified; the contested issues involved application of established legal principles to the facts and therefore did not merit a s32 certificate; this court lacks power to decide the 'grave and substantial injustice' limb of s32(2), which is reserved to the Court of Final Appeal's appellate committee.

Court Disposition

Application for certificate under section 32 Cap. 484 refused.

Orders

  • No certificate granted under section 32 of the Court of Final Appeal Ordinance (Cap. 484)