HKSAR v. CHUKWUEMEKA KWELI EMEKA

CACC 491/2000

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CRIMINAL APPEAL NO. 491 OF 2000

(ON APPEAL FROM HCCC 358 OF 1999)

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J U D G M E N T

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Stuart-Moore VP (giving the judgment of the Court):

1. This is an application, considerably out of time, for a certificate under section 32 of the Hong Kong Court of Final Appeal Ordinance, Cap. 484, that three points of law of great and general importance were involved in the decision of this court which was given on 2 August 2001.

2. The Applicant has drafted the points he wishes to raise. He states that "the admissibility of the video interview tape and the identification parade tape (were) not justified by law and the defendant was deprived of an arguable line of defence by the failure of the trial judge to conduct an inquiry as to the mental capacity of the defendant at the trial."

3. It is plain to us that there exists no point of law which meets the criteria set out in section 32 on which we could certify. None of the points raised by the Applicant were the subject of a point of law in the decision reached by this court. The main thrust of the Applicant's complaint was that the evidence on which he had been convicted was false.

4. If the Applicant is really saying that substantial and grave injustice has been done to him, that is not a matter, at this stage of proceedings, for this court to determine.

5. We decline to grant a certificate.