HKSAR v. YIP SAI MING

HKSAR v. YIP SAI MING

The application for a certificate under section 32(2) is dismissed because the applicant failed to identify a proper statutory limb and no point of law of great and general importance arises; the allegation of substantial and grave injustice was not a matter for this court to certify.

Source-derived case information.

Citation
HKSAR v. YIP SAI MING
Parties
Respondent/prosecution: Respondent
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
12 May 2006
Case Number
CACC6/2005
Procedural Posture
Criminal Appeal and Application for Certificate Under Section 32(2) Cap.484 / Application for Certificate to Court of Final Appeal After Appellate Judgment
Outcome
Application for certificate under section 32(2) dismissed
Legal Topics
Obtaining Pecuniary Advantage by Deception, Theft Ordinance S18(1), Criminal Procedure Ordinance S83(1) Proviso, Court of Final Appeal Ordinance S32(2) Certificate for Leave, Application for Certificate After Appeal
Source Language
en
Criminal Law Procedural Law Appellate Review Obtaining Pecuniary Advantage by Deception Theft Ordinance S18(1) Criminal Procedure Ordinance S83(1) Proviso Court of Final Appeal Ordinance S32(2) Certificate for Leave Application for Certificate After Appeal

Source-derived case record

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Parties

Respondent

Respondent/prosecution

Procedural Posture

Criminal Appeal and Application for Certificate Under Section 32(2) Cap.484 / Application for Certificate to Court of Final Appeal After Appellate Judgment

Legal Issues

  1. 1 Whether a certificate under section 32(2) should be granted
  2. 2 Whether a point of law of great and general importance arises
  3. 3 Whether allegation of substantial and grave injustice is a proper basis for certification by this court

Ratio Decidendi

The application for a certificate under section 32(2) is dismissed because the applicant failed to identify a proper statutory limb and no point of law of great and general importance arises; the allegation of substantial and grave injustice was not a matter for this court to certify.

Court Disposition

Application for certificate under section 32(2) dismissed

Orders

  • Application for certificate pursuant to section 32(2) of the Hong Kong Court of Final Appeal Ordinance Cap.484 dismissed
  • Convictions on Charges 1–10 quashed (respondent concession)