HKSAR v. CHUNG YEE FONG HELEN

CACC 33/2004

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CRIMINAL APPEAL NO. 33 OF 2004

(ON APPEAL FROM DCCC NO. 686 OF 2003 )

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J U D G M E N T

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Hon Woo VP (giving the judgment of the Court):

1. The applicant, Chung Yee-fong, Helen, applies under section 32 of the Hong Kong Court of Final Appeal Ordinance, Cap 484 for a certificate that points of law of great and general importance were involved in the judgment of this court which was handed down on 26 August 2004, and she also claims that substantial and grave injustice has been done.  She had filed two notices of motion, one dated 15 September and one dated 20 September 2004, totalling 23 pages.  On 9 December 2004, she caused to be faxed to the court a letter to inform the court that she was overseas and was unable to return to attend the hearing and a 15-page written submission in support of her application.  On 13 December 2004, she caused to be faxed an 11-page Supplemental Skeleton Argument and Submission to the court.  She asked for her arguments and submissions to be read out by an interpreter.  We consider that as neither necessary nor appropriate.

2. The discretion to grant leave on the substantial and grave injustice ground is exercisable by the Court of Final Appeal and not by this court: see Zeng Liang Xin v HKSAR [1997] HKLRD 1204.

3. In our judgment of 26 August 2004, we had already dealt with some of the proposed points that are claimed to be of great and general importance.  Some other of the points raised rely on an evidential foundation that is case specific. 

4. We do not consider that any of the proposed points of law justify the granting of a certificate.

5. Accordingly, we decline to certify and the application is dismissed.