HKSAR v. Choy Yuk Ling (蔡玉玲)

FAMC No. 54 of 2022

[2023] HKCFA 1

IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MISCELLANEOUS PROCEEDINGS NO. 54 OF 2022 (CRIMINAL)

(ON APPLICATION FOR LEAVE TO APPEAL

FROM HCMA NO. 236 OF 2021)

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Appeal Committee: Mr Justice Ribeiro PJ, Mr Justice Fok PJ and Mr Justice Lam PJ

Date of Hearing and Determination: 17 January 2023

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D E T E R M I N A T I O N

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Mr Justice Fok PJ:

1.We are satisfied that the two questions of law set out in the applicant’s Application for Leave to Appeal are involved in the decision from which leave to appeal is sought and that they are of the requisite importance and reasonably arguable. We therefore grant leave to appeal in respect of those questions, namely:

“Question 1

Under regulation 4(2) of the Road Traffic (Registration and Licensing of Vehicles) Regulations (Cap. 374E), can the Commissioner for Transport refuse to supply a certificate to an applicant on the ground that the applicant’s purpose of the application is not connected with ‘traffic and transport related matters’?

Question 2

If the answer is yes, then how should the phrase ‘traffic and transport related matters’ be construed? In particular, does it include an applicant’s journalistic investigation into or involving the use of a vehicle on the road?”

2.Further, we grant leave to appeal on the ground that it is reasonably arguable that, in drawing the inference that the applicant knowingly made a false statement, substantial and grave injustice has been done to her in the courts below.

3.The appeal will be listed for hearing on 3 May 2023.

Mr Kei Rui Tien and Mr Geoffrey Yeung, instructed by Ho, Tse, Wai & Partners, for the Applicant

Mr Derek Lau SADPP (Ag) and Mr Vincent Lee SPP, of the Department of Justice, for the Respondent