HKSAR v. Luk Chi Wing

HCMA213/2007

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MAGISTRACY APPEAL NO. 213 OF 2007

(ON APPEAL FROM KTCC 276 OF 2007)

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BETWEEN

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Before:  Deputy High Court Judge Line in Court

Date of Hearing:  30 March 2007

Date of Decision:  30 March 2007

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D E C I S I O N

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1.This is an application for me to certify that a point of law of great and general public importance was involved in the case of this Appellant.  The Appellant had pleaded guilty in the Magistrates Court to one charge of causing wasteful employment of the police, contrary to section 91(2) of the Criminal Procedure Ordinance.  He was fined $1,000.

2.Today he appears in person and does not really appreciate what a point of law is.  He seeks to put before me, again, matters of general mitigation, which he did upon his appeal, and today merely repeats the points he made in mitigation.

3.Accordingly, the application for the certificate is refused. 

4.I have pointed out to the Appellant that he can go to the Court of Final Appeal and seek leave to appeal to them, saying he has suffered a grave and substantial injustice.  I have asked him to consider if he retains his sense of proportion.  However strongly he may feel about the matter, there is nothing I can do today to help.

Representations:

Ms Ho May-yu, Lily, Senior Government Counsel of the Department of Justice, for the Respondent

Appellant:  Luk Chi-wing (陸志榮), in person