HKSAR v. Ng Kim

HCMA329/2008

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MAGISTRACY APPEAL NO. 329 OF 2008

(ON APPEAL FROM TWCC 497 OF 2007)

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BETWEEN

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Before:  Deputy High Court Judge Mackintosh in Court

Date of Hearing:  5 December 2008

Date of Judgment:  5 December 2008

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J U D G M E N T

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1.This is an application by the 2nd Appellant for a certificate under section 32 of the Court of Final Appeal Ordinance, Cap. 484, in relation to the judgment of this court of 14 November 2008 in which the appeal against conviction by the 1st and 2nd defendants was dismissed.

2.The application is directed only to the issue of whether there is a point of law of great and general importance involved in the appeal.  The focus is on the section 121 affidavit produced in the course of the trial in the magistracy, which this court has ruled is not defective.

3.The grounds of the application are detailed in the written submissions of the applicant and are opposed by the respondent for reasons set out in writing.  Nothing additional has been raised in oral argument today, though Mr Deng has expanded on various points which are set out in his arguments.

4.I have considered the matters raised.  I am satisfied that nothing in the arguments raises any point of law of great and general importance.  The matters canvassed go to issues which are well-settled in law.  Essentially, they are directed at the role of the trial court and this intermediate appellate court in the application of those principles to this case.  As such, it is not material to the question whether there is, "a point of law of great and general importance" but whether there might have been "a grave and substantial injustice".

5.This court has no power to consider the grave and substantial injustice limb of section 32(2) of Cap. 484, that is a matter solely for the appellate committee of the Court of Final Appeal (see Zheng Liang Xin v HKSAR [1997] 1 CFAR 12.

6.I decline to grant the requested certificate.

Representations:

Mr Felix L F Tam, of the Department of Justice, for the Respondent

Mr Earl Deng, instructed by Messrs Christopher K Y Wong, for the 2nd Appellant