HKSAR v. Ajim Miah

HCMA 300/2022

[2024] HKCFI 1797

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MAGISTRACY APPEAL NO 300 OF 2022

(ON APPEAL FROM STCC 3465 OF 2021)

________________________

________________________

BETWEEN

________________________

________________________

J U D G M E N T

________________________

1.It is the appellant’s application for a certificate to the Court of Final Appeal in relation to my dismissal of his appeal against conviction. As it has been properly pointed out by Mr Cheng on behalf of the Department of Justice, this application is out of time and also that there is no point of law involved.

2.The applicant in his written submissions claimed that he had applied for legal aid on 20 October 2023.  In fact, he only applied for legal aid for the appeal on 9 April 2024 and the application for legal aid was refused.

3.Furthermore, from the matters set out by the applicant in his written grounds and what he has informed the court this morning, it is clear that he relies mainly on the findings of facts which he asserts the learned Magistrate has misconstrued.  He mentions facial identification and “terrible directions”.  Those are matters which have been thoroughly explored and the conviction was not just based on facial recognition.

4.I do not see any point of law of great and general importance for me to give a certificate for appeal to the Court of Final Appeal.  If the Appellant considers that it is unjust, he can directly go to the Court of Final Appeal to seek leave to appeal. 

5.So the application is refused.

Mr Herbert Cheng, PP of the Department of Justice, for the Respondent

The Appellant appeared in person