HKSAR v. ONG SIU SIN, KEVIN

HCMA 734/2009

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MAGISTRACY APPEAL NO. 734 OF 2009

(ON APPEAL FROM ESCC NO. 5576 OF 2007)

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J U D G M E N T

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1.  The Appellant applies for a certificate to appeal to the Court of Final Appeal. It relates to a judgment by Mr Justice Mackintosh in a Magistracy appeal which arose from a trial in which the appellant was convicted, after trial, of 6 counts of evasion of liability by deception, contrary to section 18B(1)(b) of the Theft Ordinance, Cap. 210. Mr Justice Mackintosh dismissed the appeal but is not available to deal with this application.

2.  The appellant now seeks leave to go further on the ground that it is a point of law of great and general importance to determine what is meant by a “existing liability” being the phraseology used in section 18B(1)(b).  “Liability” is clearly and expressly defined in the Ordinance: it means a “legally enforceable liability”.  The phrase “existing liability” is clear, unambiguous and cannot be said to mean anything other than it expressly states.

3.  There is no point of great importance.  There is no point of general importance.  There is certainly no point of “great and general importance” which is what the appellant has to establish for a certificate.

4.  The application has no merit whatsoever.  It is refused.