CACC 9/2014

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CRIMINAL APPEAL NO. 9 OF 2014

(ON APPEAL FROM HCCC NO. 113 OF 2012)

_______________________

BETWEEN

_______________________

Before: Hon Yeung VP, Poon and D Pang JJ in Court

Date of the Written Submission of the Applicant: 10 March 2015

Date of the Written Submission of the Respondent: 23 March 2015

Date of the Written Reply of the Applicant: 30 March 2015

Date of Judgment: 14 April 2015

_______________________

J U D G M E N T

_______________________

1. On 29 January 2015, this Court handed down its judgment, dismissing the applicant’s application for leave to appeal against conviction.

2. On 25 February 2015, the applicant asked this Court to certify under section 32(2) of the Hong Kong Court of Final Appeal Ordinance that the following point of law is one of great and general importance, namely:

“Can the Court of Appeal dismiss an appeal by adopting a basis of conviction which is entirely different from the basis of convictionadopted by the Jury trial Court throughout the trial?”

3. With the consent of the parties, this Court decided to deal with the application on paper and we have considered detailed writtensubmissions from both parties.

4. Quite apart from the 3-week delay, we are not persuaded that the proposed point of law is arguable at all. The application fora certificate is therefore dismissed.

Ms Vinci Lam, SADPP of the Department of Justice, for the respondent

Mr Shahmim K Khattak (Kelly Lam), instructed by Poon & Cheung, for the applicant