28 Jul 2022
香港特別行政區 訴 梁伊媛
- Citation
- [2022] HKCFI 2268
- Court
- Court of First Instance
- Case number
- HCMA290/2020
The application for a certificate under FCO s32 was dismissed because the proposed legal issue (that constructive possession is inapplicable to s9 TDO or that employees cannot be constructive possessors of employer's goods) was not reasonably arguable on the law and the evidence; the common law concept of constructive possession applies to s9 and the factual findings established custody, control and knowledge consistent with constructive possession.