HKSAR v. Hui Kin Fai, Stephen

HCMA493/2010

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

(Appellate Jurisdiction)

MAGISTRACY APPEAL NO. 493 OF 2010

(ON APPEAL FROM TWCC 134 OF 2010)

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BETWEEN

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Before : Hon McMahon J in Court

Date of Hearing : 17 November 2010

Date of Judgment : 17 November 2010

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J U D G M E N T

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1.By it’s judgment of 2 November 2010 this court dismissed the applicant’s appeal against his conviction for an offence of indecent assault. The applicant now applies for a certificate pursuant to section 32(2) of the Hong Kong Court of Final Appeal Ordinance, Cap. 484 certifying a number of points of law, which he says arise from the judgment of this court, as being of great and general importance.

2.Unfortunately what the unrepresented applicant has provided as points of law are simply complaints about findings of fact, and particularly findings of fact which went to the credibility of witnesses.  No point of law, let alone a point of law of great and general importance, has been put forward by the applicant. 

3.For that reason the application for a certificate is dismissed.

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

Applicant in person, present