HKSAR v. LAM CHI ON

HCMA282/2004

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

(Appellate Jurisdiction)

MAGISTRACY APPEAL NO.282 OF 2004

(ON APPEAL FROM TWCC3939 OF 2003)

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D E C I S I O N

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1. The appellant Lam Chi On was acquitted on a charge of common assault before a magistrate, but she was ordered to be bound over in the sum of $1,000 for one year to be of good behaviour. She appealed against the order of the magistrate. Save as to the terms of the order, I have dismissed her appeal. She now applies under section 32 of the Court of Final Appeal Ordinance, Cap. 484, for me to certify that the decision involved a point of law of great and general importance.

2. She has filed a notice of motion. The six grounds in the notice of motion are concerned basically with matters of evidence as to which the magistrate should not have rejected her evidence; and that she was robbed and assaulted by the prosecution witnesses.

3. I hold that no point of law of great and general importance is involved in the decision and hence the application is refused.