11 Mar 2022
HKSAR v. CHEN KEEN (alias JACK CHEN) (陳克恩)
- Citation
- [2022] HKCFA 6
- Court
- Court of Final Appeal
- Case number
- FAMC35/2021
The Court held it has no jurisdiction under Section 31(b) to entertain a direct appeal from the refusal of a stay by a Court of First Instance judge because such a refusal is not a final decision: it does not finally dispose of the criminal matter and its merits can be reviewed by the Court of Appeal on a subsequent appeal against conviction; no anterior point of law qualifying as final was established here and the policy against fragmentation precludes direct interlocutory appeals to the Court of Final Appeal.