HKSAR v. CHAU MING SHUEN

HCMA1223/2002

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

(Appellate Jurisdiction)

MAGISTRACY APPEAL NO.1223 OF 2002

(ON APPEAL FROM NKCC 6929 OF 2002)

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J U D G M E N T

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1. The appellant was convicted in the Magistrates' Court of theft and was fined. She appealed against her conviction and sentence and I dismissed her appeal against conviction but allowed the appeal on sentence and reduced her fine. The appellant is unhappy that her conviction stands and asks me to certify pursuant to section 32(2) of the Hong Kong Court of Final Appeal Ordinance, Cap.484, that a point of law of great general importance is involved in her case such that she might apply to the Court of Final Appeal for leave to appeal. What she has to say, however, involves little more than a repetition of her evidence, supplemented by details of her own personal difficulties.

2. This was a straightforward shoplifting case. There was no point of law of great and general importance involved. The appellant's application fails. I decline to certify as asked.