On a full re‑examination of the evidence the court concluded the trial judge correctly rejected the appellants' oral testimony as not credible or reasonably capable of constituting a reasonable excuse; documentary and inspection evidence proved prolonged non‑compliance with properly served s24 orders; therefore the prosecution proved the offences beyond reasonable doubt and the convictions must be upheld.
The application for a certificate under s32 was refused because the applicant merely re‑ran factual disputes and arguments already determined at trial and on appeal and failed to show any point of law of wide and general importance as required by s32(2) of the Court of Final Appeal Ordinance.
Source excerpt
Leave to appeal under court of final appeal ordinance s32
The court held that s19 presumptions applied, appellants bore only an evidential burden which they failed to discharge because the overall evidence (CCTV, interview admissions, duration and chips observed) did not raise a reasonable doubt that the premises were a gambling establishment or that gambling there was not commercial; s3(2) defence was not established on the evidence; accordingly prosecution proved the offence beyond reasonable doubt and the convictions were upheld.
The Court of Appeal dismissed an out-of-time application for leave to appeal to the Court of Final Appeal, finding no adequate explanation for the delay or public-importance issue.
The Court of Appeal dismissed an application for leave to appeal to the Court of Final Appeal, finding no question of great general or public importance and no proper grounds.
The Court of Appeal dismissed an application for leave to appeal to the Court of Final Appeal, finding no question of general or public importance and no specific error shown.
The court awarded indemnity costs and a personal wasted costs order against S.W. Wong & Associates after finding the leave-to-appeal application was procedurally hopeless and abusive.
The application for leave to appeal was refused because the applicant failed to demonstrate any realistic prospect of success or other reason in the interests of justice: she repeated points already considered and rejected by the lower judge; service was properly effected and the District Court was entitled to proceed in the applicant's absence; the Insurance Ordinance does not give rise to a private right of action or a mechanism to divert fines to compensate the applicant; priority in winding up is irrelevant; the judge who made the perfected order was functus officio so the correct route w…
The Court of Appeal dismissed an appeal against refusal of leave to seek judicial review in a non-refoulement case, finding no viable ground of error or irrationality.