HKSAR v. Mok Chu Wing, Tony

HCMA152/2009

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

(Appellate Jurisdiction)

MAGISTRACY APPEAL NO. 152 OF 2009

(ON APPEAL FROM KTCC 6803 OF 2008)

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BETWEEN

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Before : Hon McMahon J in Court

Date of Hearing : 26 January 2010

Date of Judgment : 26 January 2010

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J U D G M E N T

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1.This is an application under section 32 of the Hong Kong Court of Final Appeal Ordinance, by which the appellant seeks a certificate to take an appeal to the Court of Final Appeal.

2.The basis upon which he seeks the certificate is that the trial before the magistrate, which was a subject of Hong Kong Magistracy Appeal No. 152 of 2009, was conducted unfairly. He says at one stage the magistrate spoke for 20 minutes without interruption, and that that was not properly translated to him. He is uncertain today as to when that period of 20 minutes occurred, but suggests that it occurred at the beginning of the trial. That is a somewhat different version of events to that which he gave during the course of the appeal before me on 3 April 2009.

3.His application for the certificate is well out of time, but Mr Mok is unrepresented, and to some extent is mentally handicapped. He suffers also from epilepsy. Whether this application be out of time or not, it could never be granted. The matters which Mr Mok raises, so far as they can be understood, are purely matters of fact. From what he said before me, both today and during the course of the earlier appeal, there is no point of law raised. There is certainly no point of law of great and general importance involved in either my decision or in the decision of the magistrate. For that reason, this application is refused.

Ms Peggy Leung, PP of the Department of Justice, for HKSAR

The Appellant in person, present