HKSAR v. Lam Chi on

HCMA000282A/2004

HCMA282/2004

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

(Appellate Jurisdiction)

MAGISTRACY APPEAL NO.282 OF 2004

(ON APPEAL FROM TWCC3939 OF 2003)

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Coram: Deputy High Court Judge Fung in Court

Date of Hearing: 7 June 2004

Date of Decision: 7 June 2004

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D E C I S I O N

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1.The appellant Lam Chi On was acquitted on a charge of common assault before a magistrate, but she was ordered to be bound over in the sum of $1,000 for one year to be of good behaviour. She appealed against the order of the magistrate. Save as to the terms of the order, I have dismissed her appeal. She now applies under section 32 of the Court of Final Appeal Ordinance, Cap. 484, for me to certify that the decision involved a point of law of great and general importance.

2.She has filed a notice of motion. The six grounds in the notice of motion are concerned basically with matters of evidence as to which the magistrate should not have rejected her evidence; and that she was robbed and assaulted by the prosecution witnesses.

3.I hold that no point of law of great and general importance is involved in the decision and hence the application is refused.

Representation:

Mr David Leung, SGC of Department of Justice, for the Respondent

The Appellant, in person