HKSAR v. JOY EXPRESS LTD

HCMA000005A/2003

HCMA 5/2003

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MAGISTRACY APPEAL NO. 5 OF 2003

(ON APPEAL FROM WSS10132 /2002)

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BETWEEN
HKSAR Respondent
AND
JOY EXPRESS LTD Appellant/Applicant

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Coram: Hon V. Bokhary J in Court

Date of Hearing: 3 April 2003

Date of Judgment: 3 April 2003

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J U D G M E N T

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1. The Applicant seeks, quoting from its summons, “a Certificate under s. 32(2) of the Hong Kong Court of Final Appeal Ordinance, Cap. 484 certifying that in an appeal against the Judgment of Her Ladyship delivered on 10/3/2003 the questions involved in theappeal which are by reason of their great general and public importance and/or of substantial and grave injustice done to the Appellantherein, ought to be submitted to the Court of Final Appeal for decision”.

2. My jurisdiction is confined to whether or not to grant a certificate under the “point of law” limb of s. 32(2), and I have no jurisdiction under the “substantial and grave injustice” limb of that sub-section: see Zeng Liang Xin v HKSAR (1997-98) 1 HKCFAR 12 at page 22C-H).

3. As to whether it would be appropriate for me to grant a certificate in the circumstances of this case, I have come to the conclusionthat it would not be appropriate to do so. The application is therefore dismissed.

(V. Bokhary)
Judge of the Court of First Instance
High Court

Representation:

The Appellant/Applicant Company appeared by a director, Mr Choy Bing Wing.

Mr Cheung Wai-sun (of the Department of Justice), for the Respondent.