HKSAR v. SO NAI CHUNG PILOT

HKSAR v. SO NAI CHUNG PILOT

Application for certification refused because the issues were matters of sentencing discretion and factual findings by the magistrate, not questions of law of great and general importance warranting certification under s.32(2).

Citation
HKSAR v. SO NAI CHUNG PILOT
Parties
Respondent: HKSAR; Applicant/appellant: So Nai Chung
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
22 July 2004
Case Number
HCMA571/2004
Procedural Posture
Magistracy Appeal (criminal) / Application for Certification Under S.32(2) Court of Final Appeal Ordinance After Dismissal of Sentence Appeal
Outcome
Application for certification refused
Legal Topics
Touting, Airport Authority Bylaw S.26 Offences, Sentencing Discretion, Certification of Point of Law, Ignorance of Signage
Source Language
EN
Criminal Law Regulatory Offences Administrative Law Appeal and Certification Touting Airport Authority Bylaw S.26 Offences Sentencing Discretion Certification of Point of Law +1 more

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Parties

HKSAR

Respondent

So Nai Chung

Applicant/appellant

Procedural Posture

Magistracy Appeal (criminal) / Application for Certification Under S.32(2) Court of Final Appeal Ordinance After Dismissal of Sentence Appeal

Legal Issues

  1. 1 Whether a point of law of great and general importance is involved for certification under s.32(2) Cap.484
  2. 2 Whether lack of signage or knowledge of bylaw area negates liability under Airport Authority Bylaw s.26
  3. 3 Whether the magistrate erred in rejecting mitigation and imposing the fine

Ratio Decidendi

Application for certification refused because the issues were matters of sentencing discretion and factual findings by the magistrate, not questions of law of great and general importance warranting certification under s.32(2).

Court Disposition

Application for certification refused

Orders

  • Application for a certificate under section 32(2) of the Court of Final Appeal Ordinance Cap.484 refused