HKSAR v. YANG MIN

HCMA555/1999

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

(Appellate Jurisdiction)

MAGISTRACY APPEAL NO.555 OF 1999

(ON APPEAL FROM WSCC 2730 OF 1999)

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J U D G M E N T

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1. This is an application by the appellant under s.32 of the Hong Kong Court of Final Appeal Ordinance, Cap.484. The application is for a certificate under s.32(2) that a point of law of great and general importance is involved in my previous decision to dismiss his appeal against the decision of the magistrate. Alternatively the appellant seeks to show that substantial and grave injustice has been done in this matter. In so far as substantial and grave injustice is concerned, the appellant will need to make application directly to the Court of Final Appeal and satisfy that Court that there has been substantial and grave injustice. In so far as this Court is concerned, I can only certify if I am of that view that there is a point of law of great and general importance.

2. In my view, in this particular matter, there is no point of law of great and general importance which is involved in my decision. I therefore decline to grant the certificate sought by the appellant. The appellant is advised that if he wishes, he may apply directly to the Court of Final Appeal for leave to appeal.