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HCMA3/2025
香港特別行政區 訴 涂文耀
Case Details
Case ReferenceHCMA3/2025
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 1607
Claimant / Applicant涂文耀
Defendant / Respondent香港特別行政區
Judges高等法院原訟法庭暫委法官李俊文
Defendant Counsel譚皓
Judgment Summary
Facts
- •Applicant convicted of indecent assault, sentenced to 14 days imprisonment.
- •High Court substituted conviction with common assault on 31 December 2025.
- •Applicant applies for certificate to appeal to CFA under s.32 Final Court of Appeal Ordinance.
- •Applicant claims sentence excessive and cites PTSD.
- •Judge notes applicant still denies assault, claiming self-defense.
Issues
- •Whether the decision involves a point of law of great general importance.
- •Whether the 14-day sentence for common assault is manifestly excessive.
- •Whether procedural fairness was breached regarding sentencing submissions.
Outcome
- •Application for certificate to appeal to CFA refused.
- •No point of law of great general importance found.
- •Sentence maintained as appropriate.
Implication
- •High threshold for CFA appeal certificates maintained.
- •Factual disputes do not qualify as points of law.
- •Sentence may remain unchanged despite conviction substitution if circumstances warrant.
Laws & Authorities Cited
- §Hong Kong Final Court of Appeal Ordinance (Cap. 484), s.32
- §Crimes Ordinance (Cap. 200), s.122(1)