HKSAR v. LAU PUI MAN
- Citation
- HKSAR v. LAU PUI MAN
- Status
- Judgment
- Jurisdiction
- Hong Kong
- Court
- Court of First Instance
- Decision
- 13 August 2007
- Posture
- Magistracy Appeal (criminal) / Judgment on Appeal (court of First Instance)
- Case number
- HCMA395/2007
- Language
- English
More details
- Court
- Court of First Instance
- Decision
- 13 August 2007
- Posture
- Magistracy Appeal (criminal) / Judgment on Appeal (court of First Instance)
- Case number
- HCMA395/2007
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The court concluded the judgment delivered on 3 August 2007 involved a point of law of great and general importance and that any further appeal to the Court of Final Appeal would require leave under the substantial and grave injustice limb.
Court disposition
Judgment of this court delivered; no further leave granted by this court; applicant advised to seek leave from the Court of Final Appeal.
Orders
- Judgment delivered on 3 August 2007
- Applicant advised to apply to the Court of Final Appeal for leave to appeal under the limb of substantial and grave injustice
02
Material facts
Parties
HKSAR
Respondent Counsel: Ms Teresa Kam, Government Counsel, Department of JusticeLAU PUI MAN
Appellant Counsel: In person03
Procedural history
Posture
Magistracy Appeal (criminal) / Judgment on Appeal (court of First Instance)
04
Questions and positions
Legal issues
- 01
Whether the case involved a point of law of great and general importance
- 02
Whether further appeal to the Court of Final Appeal could be pursued and under what limb
Party arguments
- Applicant
- Appellant (in person) contended that the judgment raised a point of law of great and general importance and sought further recourse.
- Respondent
- Respondent (HKSAR), represented by Government Counsel, opposed further relief and defended the judgment of the court.
05
Court’s reasoning
Legal principles
- 01
Court of Final Appeal practice and case law
Leave to appeal to the Court of Final Appeal requires either a point of law of general public importance or a demonstration of substantial and grave injustice
- 02
High Court (Court of First Instance) jurisdiction and procedure
Magistracy appeals are subject to appellate review in the Court of First Instance and procedural rules governing further appeals
06
Ratio, limits and disposition
Ratio decidendi
The court concluded the judgment delivered on 3 August 2007 involved a point of law of great and general importance and that any further appeal to the Court of Final Appeal would require leave under the substantial and grave injustice limb.
Obiter and limits
- The applicant was advised to apply directly to the Court of Final Appeal for leave to appeal under the limb of substantial and grave injustice.
Court disposition
Judgment of this court delivered; no further leave granted by this court; applicant advised to seek leave from the Court of Final Appeal.
- Judgment delivered on 3 August 2007
- Applicant advised to apply to the Court of Final Appeal for leave to appeal under the limb of substantial and grave injustice
Source and reliance status
Court of First Instance · 13 August 2007
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Court of First Instance
Judgment· 13 August 2007
bjbj HCMA395/2007
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE (Appellate Jurisdiction) MAGISTRACY APPEAL NO. 395 OF 2007 (ON APPEAL FROM KTS 17611 OF 2005) ---------------------
BETWEEN HKSAR Respondent and LAU PUI MAN ( the judgment I delivered on 3 August 2007 involved a point of law of great and general importance.
AUTONUMOUT The applicant is advised that if he still wishes to appeal to the Court of Final Appeal, he should apply to that court for leave to appeal under the limb of substantial and grave injustice. (Peter Nguyen) Judge of the Court of First Instance, High Court Ms Teresa Kam, GC of the Department of Justice, for HKSAR The Appellant, in person
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