HKSAR v. Hussain, Mazhar

HCMA 331/2019

[2020] HKCFI 686

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MAGISTRACY APPEAL NO 331 OF 2019

(ON APPEAL FROM WEST KOWLOON MAGISTRACY
CASE NO WKCC 5848 OF 2018)

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BETWEEN

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D E C I S I O N

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1.By a Notice of Motion filed on 12 December 2019, the applicant (the appellant in the appeal against conviction and sentence) sought an order certifying that a point of law of great and general importance was involved in the decision made on 14 November 2019 dismissing the appeal against both conviction and sentence.

2.The reasons for the decision were handed down on 20 December 2019.

3.A date was fixed in consultation with counsel’s diary to 5 February 2020, a date after the Chinese New Year holiday.

4.However, due to unforeseen consequences of the Covid-19 outbreak, a hearing could not be held and it was adjourned first to 25 March 2020, again in consultation with counsel’s dairy, and then to today.

5.In the affirmation attached to the Notice of Motion, the applicant relied on his past clear record, the lack of solid proof and evidence (so he alleged), and his desire to keep his record clear as the point of law of great and general importance for which a certificate is sought.

6.Needless to say, none of what he has put forward came anywhere near to being qualified as a point of law, let alone one of great and/or general importance.

7.The application is therefore dismissed.

(Parties made submissions on the respondent’s application for costs of today’s hearing)

8.I exercise my discretion to refuse the respondent’s application for costs of today’s hearing.

Mr Ng Wing Kit, PP of the Department of Justice, for the respondent.

The applicant was not represented and appeared in person.