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HCMA121/2025
HKSAR v Cheung Chun Hung
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