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Hksar v Butt Aziz Akbar

Judgment Cited authorities 1 Cited in Precedent Map Related
Vincent
Judgment Date03 June 2005
Year2005
Judgement NumberHCMA1017/2004
Subject MatterMagistracy Appeal
CourtHigh Court (Hong Kong)
HCMA001017A/2004 HKSAR v. BUTT AZIZ AKBAR

HCMA 1017/2004

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MAGISTRACY APPEAL NO. 1017 OF 2004

(ON APPEAL FROM NKS 3483/2004)

____________

IN THE MATTER of an application for Leave to appeal pursuant to section 32 of the Court of Final Appeal Ordinance, Cap.484

and

IN THE MATTER of the decision of the Court of First Instance in the Magistracy Appeal dated 13.4.2005

_____________

BETWEEN

　 HKSAR Respondent
　 and 　
　 BUTT AZIZ AKBAR Appellant

____________

Before: Deputy High Court Judge Barnes in Court

Date of Hearing: 3.6.2005

Date of Judgment: 3.6.2005

Date of Handing down Reasons of Judgment: 6.6.2005

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J U D G M E N T

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Background

1. The Appellant applies, pursuant to section 32 of the Court of Final Appeal Ordinance, Cap. 484, for a certificate that a point of law of great and general importance is involved in a decision of mine, to enable him to appeal to the Court of Final Appeal. I refused his application after hearing submissions. I gave a brief oral judgment at the time and I now give the fuller reasons in writing.

The relevant section

2. Section 32 of Cap. 484 provides:

“ (1) No appeal shall be admitted unless leave to appeal has been granted by the Court.
(2) Leave to appeal shall not be granted unless it is certified by the Court of Appeal or the Court of First Instance, as the case may be, that a point of law of great and general importance is involved in the decision or it is shown that substantial and grave injustice has been done.
(3) Where the Court of Appeal or the Court of First Instance declines to certify as mentioned in subsection (2), the Court may so certify and grant leave to appeal.
(4) ………………” (emphasis applied)

Appellant’s submission

3. The Appellant, after referring to my earlier decision in refusing to treat his Notice of Abandonment of Appeal as a nullity and to reinstate the appeal, submitted that he signed the Notice of Abandonment under ‘special circumstances’ so he should be granted leave to appeal against both my decision and the conviction by the learned magistrate.

Respondent’s submission

4. Ms. Polly Wan, Senior Government Counsel in response referred to the...

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