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HCMA121/2025

HKSAR v Cheung Chun Hung

中文

Case Details

Case ReferenceHCMA121/2025
CourtCourt of First Instance of the High Court 高等法院(原訟法庭)
Date Published2026-03-20
LanguageTraditional Chinese
NCN[2026] HKCFI 1592
Claimant / ApplicantHong Kong Special Administrative Region
Defendant / RespondentCheung Chun Hung
JudgesHonorary Judge Li Chun Man
Claimant CounselTsang Ting Hang (Senior Prosecutor)

Judgment Summary

Facts

  • Applicant convicted of possessing offensive weapon (kitchen knife).
  • Applicant brought knife to management office and tapped it on counter.
  • Applicant claimed he intended to ask to sharpen the knife.
  • Magistrate found intent to threaten bodily harm based on conduct and prior dispute.
  • CFI dismissed appeal against conviction on 22 December 2025.

Issues

  • Whether intent to threaten injury can be inferred despite defendant's claim of wanting to sharpen knife.
  • Whether such inference violates the principle of 'only reasonable inference'.
  • Whether the application involves a point of law of great and general importance under Cap. 484 s.32.

Outcome

  • Application for certificate to appeal to CFA refused.
  • Court found issues were factual disputes, not points of law.
  • No certificate granted under Hong Kong Court of Final Appeal Ordinance s.32.

Implication

  • CFA leave requires points of law of great and general importance, not factual disputes.
  • Courts will not base legal certificates on rejected factual premises.
  • Reaffirms distinction between legal principles and their application to evidence.

Laws & Authorities Cited

  • §Hong Kong Court of Final Appeal Ordinance (Cap. 484), s.32
  • §Summary Offences Ordinance (Cap. 228), s.17
  • §HKSAR v Chan Chun Kit