Securities and Futures Commission v. Chan Chun Wai

HCMA 675/2011

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MAGISTRACY APPEAL NO 675 OF 2011

(ON APPEAL FROM ESS 5215-5217/2011)

------------------------

BETWEEN

------------------------

Before: Deputy High Court Judge E Toh in Court

Date of Hearing: 25 April 2012

Date of Decision: 25 April 2012

-------------------------

D E C I S I O N

--------------------------

1.The applicant has set down in his Notice of Motion that this court certify that a point of law of great and general importance is involved. In his Notice of Motion, the point of law involved is “Lack of sufficient evidence”.

2.Prior to today’s hearing, late yesterday afternoon, the applicant informed the clerk of this court that he is applying for an adjournment.  He then proceeded to fax documents from his solicitor, Messrs Ernest Li & Co, saying that he had had a brief meeting with them on 24 April which is yesterday, and appointing them as his legal advisor.

3.This morning the applicant came in person and applied for an adjournment for today’s Motion.  He claimed that he only sought legal representation so late because his previous lawyer did not properly advise him, and he had at the beginning of April consulted a Legislative Counsellor who informed him that he could appeal to the Court of Final Appeal on 2 grounds.  One on a legal point or on the grounds of unfair treatment.  He claimed that he had to raise funds, so he was unable to consult a lawyer till yesterday.

4.The Motion today is for a certificate to the Court of Final Appeal that there is a point of law of great and general importance. Nothing that I have seen nor heard today or previously had shown any point of law of great and general importance.

5.This case was decided on the facts.  There is no law involved let alone a great general importance one.  I have advised the applicant that he can go directly to the Court of Final Appeal, if he feels that the conviction was unfair to him, so the Motion is denied.

Mr Allen Lam, instructed by Securities and Futures Commission, for the respondent

Mr Chan Chun Wai appeared in person