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Practice Directions |
CRIMINAL APPEALS TO THE COURT OF FINAL APPEAL
1. Section 33(1) of the Hong Kong Court of Final Appeal Ordinance provides that an application for leave to appeal to the Court of Final Appeal (“the CFA”) should be made within 28 days from the date of the decision of the Court of Appeal or the Court of First Instance as the case may be.
2. Section 32 of the Ordinance as interpreted by the CFA [see [1997] HKLRD 1204] provides that leave to appeal shall not be granted by the CFA unless:
(a) it is certified by the Court of Appeal or the Court of First Instance that a point of law of great and general importance is involved in the decision. Where they decline to certify, the CFA may so certify and grant leave; or
(b) it is shown to the CFA that substantial and grave injustice has been done. This is a matter for the CFA alone.
3. Applications for a certificate to the Court of Appeal or the Court of First Instance that the decision involves a point of law of great and general importance should be made immediately after the judgment is given from which the appeal is to be brought.
4. The applicant should provide the court with a written statement of the point of law involved. Submissions on the application will then be heard and determined.
5. If either party requests for time to prepare the written statement or submissions and obtains an adjournment, an early date will be fixed for the resumed hearing.
6. A failure to make the application in accordance with these directions may make it difficult or impossible for parties to comply with the time limit for applications for leave to appeal to the CFA.
7. This Practice Direction shall take effect on 1 January 1998.