Read the full judgment text of CACC 133/2013 on BabelCite. This Court of Appeal judgment was delivered on 21 March 2014 before Hon Stock VP, Macrae JA and Line J.
Criminal law – champerty – maintenance – appeal – certification – Court of Final Appeal – points of law of great and general importance – s.32(2) Cap 484 – public policy exceptions – common interest exception – integrity of judicial process – The applicant, Mui Kwok Keung, was convicted of champerty and related offences and his appeals against conviction and sentence were dismissed. He sought a certificate under s.32(2) of the Hong Kong Court of Final Appeal Ordinance to appeal to the Court of Final Appeal on three points: whether the trial judge failed to consider public policy exceptions to champerty; whether a legal representative can rely on a 'common interest' exception; and whether the trial judge erred in finding a genuine risk to the integrity of the judicial process. The Court of Appeal held that none of the points raised a point of law of great and general importance: the first point misrepresented the court's judgment, the second was circular and unsupported by authority, and the third lacked any evidential basis. The application for a certificate was refused.
Legal issues: Public policy exceptions for maintenance and champerty · Common interest exception for champerty · Genuine risk to integrity of judicial process
Outcome: Application for certificate refused.
Cited by 1 case