Hong Kong Judgment

Court of First Instance

HKSAR v. LAU PUI MAN

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Professional case brief

Research organized from the available case record

Source document

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 Justice

LAU PUI MAN

Appellant Counsel: In person

03

Procedural history

  1. Posture

    Magistracy Appeal (criminal) / Judgment on Appeal (court of First Instance)

04

Questions and positions

Legal issues

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

  1. 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

  2. 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

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Judgment text

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Source document

Court of First Instance

Judgment· 13 August 2007

HKSAR v. LAU PUI MAN

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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