Hong Kong Case Law: Decisions & Judgments

Topic

Certification of question of law

Legal area

Court

10 Aug 2018

SECRETARY FOR JUSTICE v. LAW KWUN CHUNG

Citation

[2018] HKCFA 35
Court

Court of Final Appeal
Case number

FACC9/2017

The Court ordered that the appellants recover their costs in the items specified: the magistrate's s104 costs (subject to enforcement of previously given undertakings now not opposed), costs of applications to the Appeal Committee for leave and of the substantive CFA appeals (first appellant's pre-application advice recoverable if properly attributable and taxed), costs of the 2nd appellant's bail pending appeal (and similarly for the 1st if sought), costs of the 2nd and 3rd appellants' Court of Appeal certification applications (but no certificate for three counsel), and costs of the section…
7 Feb 2018

SECRETARY FOR JUSTICE v. CHU WAI CHUNG

Citation

[2018] HKCFA 10
Court

Court of Final Appeal
Case number

FAMC53/2017

Bail was granted on agreed terms (cash bail of $10,000 per applicant and standard conditions) because the Court of Appeal had certified questions of law and the Secretary for Justice did not oppose bail; this exceptional grant does not signify that the appeals are reasonably arguable and applicants must return to custody if leave is refused or appeals fail.
20 Oct 2016

HKSAR v. YE FANG

Citation

HKSAR v. YE FANG
Court

Court of Appeal
Case number

CACC299/2014

The Court refused to certify the question because it was merely the application of trite law to the facts, and, having found the certification application to be entirely unmeritorious with no opposition filed to the costs claim, ordered that the respondent have the costs of and occasioned by the application.
2 Jun 2010

HKSAR v. HAU TUNG YING AND ANOTHER

Citation

HKSAR v. HAU TUNG YING AND ANOTHER
Court

Court of Appeal
Case number

CACC72/2009

The application for certification is dismissed because the prosecution consistently advanced a case that encompassed the matters relied on by the judge, the applicants were aware of that case and had the opportunity to answer, no prejudice was caused, and therefore the posed question of law does not arise as a matter of general importance eligible for certification.
9 Dec 2004

TAM LAP FAI v. HKSAR

Citation

TAM LAP FAI v. HKSAR
Court

Court of Final Appeal
Case number

FAMC40/2004

Leave to appeal was granted because the Court certified a reasonably arguable question of law of great and general importance regarding the meaning of 'obstruction' under s.36(b) Cap.212, and additionally granted leave on the ground of substantial and grave injustice since the applicant's credibility issue could extend to the obstructing charge and the appellate court may have departed from accepted norms in confining the trial court's credibility error to other charges.
20 Mar 2000

YANG MIN v. HKSAR

Citation

YANG MIN v. HKSAR
Court

Court of Final Appeal
Case number

FAMC1/2000

The Court held that the applicant's arguments did not raise any question of law of great general or public importance and did not establish an arguable case of grave and substantial injustice; the factual issues about who made the representation and the contents of the company letter were matters for the trial and were not transformed into certifiable legal questions; fresh evidence that could have been presented at trial does not justify leave to appeal. Consequently certification and leave to appeal were refused.
6 Oct 1999

THE SECRETARY FOR JUSTICE v. LAM TAT MING AND ANOTHER

Citation

THE SECRETARY FOR JUSTICE v. LAM TAT MING AND ANOTHER
Court

Court of Final Appeal
Case number

FAMC24/1999

The Appeal Committee concluded the refined question concerning the scope of judicial discretion to exclude voluntary admissions obtained by undercover officers where the accused was unaware of the officer's identity raised an issue of sufficient general and legal importance to merit determination by the Court of Final Appeal and accordingly granted leave to appeal on that certified question.

Hong Kong Case Law

SECRETARY FOR JUSTICE v. LAW KWUN CHUNG

SECRETARY FOR JUSTICE v. CHU WAI CHUNG

HKSAR v. YE FANG

HKSAR v. HAU TUNG YING AND ANOTHER

TAM LAP FAI v. HKSAR

YANG MIN v. HKSAR

THE SECRETARY FOR JUSTICE v. LAM TAT MING AND ANOTHER