The Court of First Instance has dismissed the certification application by Hong Kong Game Theory Association Limited (Hong Kong Game Theory) and its sole director Mr Sze Ching Lok for the purpose of filing appeals to the Court of Final Appeal against their earlier conviction of carrying on unlicensed activities (Note 1).

In dismissing the application, Deputy High Court Judge C P Pang ruled that Hong Kong Game Theory and Sze failed to demonstrate that there is a point of law of great and general importance involved in the Court of First Instance’s decision handed down on 28 June 2017 and in bringing the certification application, the applicants were relying on the grounds which had already been raised before and dismissed by the Court of First Instance in their previous appeal.

In May 2015, the Eastern Magistrates Court convicted Hong Kong Game Theory and Sze following a trial for giving real time investment advice on Hang Seng Index futures contracts in training courses while unlicensed.  They subsequently appealed to the Court of First Instance and their convictions were upheld by the Court of First Instance in June 2017 (Note 2). 

Notes:

1. When an accused in a criminal case is convicted at Magistrates Court and on appeal, not satisfied with a decision made by the Court of First Instance, under section 32(2) of the Hong Kong Court of Final Appeal Ordinance (CAP 484) he or she may lodge a certification application to the Court of First Instance to certify that a point of law of great and general importance is involved in the decision or it is shown that substantial and grave injustice has been done, and then apply for leave to appeal to the Court of Final Appeal.
2. For further details, please see the SFC’s press releases dated 11 May 2015 and 29 June 2017.  The judgment (HCMA720/2015) is available on the Judiciary’s website (www.judiciary.hk).