LI KOI HOP v. HKSAR

FAMC No. 29 of 1998

IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MISCELLANEOUS PROCEEDINGS NO. 29 OF 1998 (CRIMINAL)

(ON APPLICATION FOR LEAVE TO APPEAL

FROM MAGISTRACY APPEAL No. 631 OF 1998)

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D E T E R M I N A T I O N

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Mr Justice Litton PJ:

1. This is the Appeal Committee's determination.

2. On 3 June 1997 the applicant was acquitted by a magistrate on a charge of careless driving. On 20 June he applied to the magistrate for the costs of the proceedings but his application was dismissed. The magistrate took the view that there was evidence to justify the issue of the summons, but the evidence was not sufficiently strong when tested in court to warrant convicting the applicant. On appeal to Mr Justice Yeung in the High Court, the magistrate's determination was affirmed.

3. The applicant now seeks leave to appeal to the Court of Final Appeal. No question of law of great and general importance has been identified for the Court of Final Appeal's consideration, nor has Mr Justice Yeung been asked to certify such a point, so the application now before us clearly cannot come within the first limb of s.32(2) of the Hong Kong Court of Final Appeal Ordinance, Cap. 484. As to the second limb of s.32(2), the applicant has not made out an arguable case that substantial and grave injustice has been done.

4. The application is dismissed.