HKSAR v. LAM CHI ON
The application for a certificate under section 32 was refused because the matters raised were factual/evidential disputes and did not involve a point of law of great and general importance as required by the Court of Final Appeal Ordinance.
Source-derived case information.
- Citation
- HKSAR v. LAM CHI ON
- Parties
- Appellant: Lam Chi On; Respondent: HKSAR
- Court
- Court of First Instance
- Jurisdiction
- Hong Kong
- Judgment Date
- 7 June 2004
- Case Number
- HCMA282/2004
- Procedural Posture
- Magistracy Appeal (criminal) / Appeal Against Magistrate's Bound Over Order; Application for Certification Under Section 32 Court of Final Appeal Ordinance
- Outcome
- Application for certificate refused; appeal dismissed except as to terms of the bound over order
- Legal Topics
- Common Assault, Bound Over Order, Certification of Point of Law, Court of Final Appeal Ordinance S32, Factual Vs Legal Issues on Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Lam Chi On
Appellant
HKSAR
Respondent
Procedural Posture
Magistracy Appeal (criminal) / Appeal Against Magistrate's Bound Over Order; Application for Certification Under Section 32 Court of Final Appeal Ordinance
Legal Issues
- 1 Whether the decision involved a point of law of great and general importance under section 32 of the Court of Final Appeal Ordinance
- 2 Whether the magistrate erred in rejecting the appellant's evidence such that a point of law arises
- 3 Whether challenges to evidential findings can amount to a certifiable point of law
Ratio Decidendi
The application for a certificate under section 32 was refused because the matters raised were factual/evidential disputes and did not involve a point of law of great and general importance as required by the Court of Final Appeal Ordinance.
Court Disposition
Application for certificate refused; appeal dismissed except as to terms of the bound over order
Orders
- Appeal dismissed except as to the terms of the bound over order
- Application for certification under section 32 of the Court of Final Appeal Ordinance refused
Full Case Text
Judgment text and source record
1 paragraphs
bjbj HCMA282/2004 IN THE HIGH COURT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION COURT OF FIRST INSTANCE (Appellate Jurisdiction) MAGISTRACY APPEAL NO.282 OF 2004 (ON APPEAL FROM TWCC3939 OF 2003) --------------------- BETWEEN HKSAR Respondent and LAM CHI ON( t Lam On was acquitted on a charge of common assault before a magistrate, but she was ordered to be bound over in the sum of $1,000 for one year to be of good behaviour. She appealed against the order of the magistrate. Save as to the terms of the order, I have dismissed her appeal. She now applies under section 32 of the Court of Final Appeal Ordinance, Cap. 484, for me to certify that the decision involved a point of law of great and general importance. AUTONUMOUT She has filed a notice of motion. The six grounds in the notice of motion are concerned basically with matters of evidence as to which the magistrate should not have rejected her evidence; and that she was robbed and assaulted by the prosecution witnesses. AUTONUMOUT hold that no point of law of great and general importance is involved in the decision and hence the application is refused. (B. Fung) Deputy High Court Judge Mr David Leung, SGC of Department of Justice, for the Respondent The Appellant, in person 1udk 1udk (#p# &`#$ V) /6 JOQN V) / JOQN & 6" CACV Jeannie MY MokSo ABC.dot setup Microsoft Word 9.0 Judiciary CACV Title Microsoft Word Document MSWordDoc Word.Document.8