### Hong Kong Court of Final Appeal Ordinance 《香港終審法院條例》

27C. Grant of certificate
(1) Where on the application of any of the parties to any proceedings in respect of which an appeal may lie under this Division the judge hearing the application for a certificate is satisfied—
(a) that the relevant conditions are fulfilled in relation to a decision of the judge in those proceedings; and
(b) that a sufficient case for an appeal to the Court has been made out to justify an application for leave to bring such an appeal; and
(c) that all the parties to the proceedings consent to the grant of a certificate under this section,
the judge, subject to the provisions of this Division, may grant a certificate to that effect.
(2) For the purposes of subsection (1)(a), the relevant conditions are fulfilled in relation to a decision of the judge in any proceedings if a point of law of great general or public importance is involved in that decision and—
(a) where that point of law does not relate wholly or mainly to the construction of the Basic Law, it must—
(i) relate wholly or mainly to the construction of an Ordinance or subsidiary legislation, and has been fully argued in the proceedings and fully considered in the judgment of the judge in the proceedings; or
(ii) be one in respect of which the judge is bound by a decision of the Court of Appeal or the Court in previous proceedings, and was fully considered in the judgments given by the Court of Appeal or the Court (as the case may be) in those previous proceedings; and
(b) where that point of law relates wholly or mainly to the construction of the Basic Law, it must be one in respect of which the judge is bound by a decision of the Court of Appeal or the Court in previous proceedings, and was fully considered in the judgments given by the Court of Appeal or the Court (as the case may be) in those previous proceedings.
(3) An application for a certificate under this section shall be made to a judge within—
(a) 14 days from the date on which the judgment is given; or
(b) such other longer period as may be prescribed by rules of court.
(4) The judge before whom an application for a certificate under this section is made shall, as far as is practicable and convenient, be the trial judge in the proceedings to which the application relates.
(5) No appeal shall lie against the grant or refusal of a certificate under this section.
(Added 11 of 2002 s. 4)

### Hong Kong Court of Final Appeal Ordinance 《香港終審法院條例》

27D. Leave to appeal
(1) Where in any proceedings a judge grants a certificate under section 27C, any of the parties to the proceedings may make an application to the Court for leave to appeal by way of a notice of motion at any time within—
(a) 28 days from the date on which that certificate is granted; or
(b) such extended time as in any particular case the Court may allow.
(2) Subject to subsection (4), if on an application made under this section it appears to the Court to be expedient to do so, the Court may grant leave for an appeal to be brought directly to the Court; and where leave is granted under this section—
(a) no appeal from the decision of the judge to which the certificate relates shall lie to the Court of Appeal, but 
(b) an appeal shall lie from that decision to the Court.
(3) Applications under this section shall be determined by the Appeal Committee, with or without a hearing.
(4) Without prejudice to subsection (2), no appeal shall lie to the Court of Appeal from a decision of the judge in respect of which a certificate is granted under section 27C until—
(a) the time within which an application can be made under this section has expired; and
(b) where such an application is made, that application has been determined.
(Added 11 of 2002 s. 4)

27E. Leave to appeal subject to conditions
(1) Leave to appeal granted under section 27D(2) may be granted subject to such conditions as the Court considers necessary.
(2) Section 25(2), (3), (4) and (6), with the necessary modifications, shall apply in relation to the grant of leave under this section as it applies to the grant of leave under that section.
(3) Section 26 shall apply in relation to a judgment appealed from and grant of leave to appeal under this Division as it applies in relation to a judgment appealed from and grant of leave to appeal under Division 2.
(4) Section 27 shall apply in relation to an application for final leave to appeal to the Court under this Division as it applies in relation to an application for final leave to appeal to the Court of Appeal or to the Court under Division 2.
(Added 11 of 2002 s. 4)

### Hong Kong Court of Final Appeal Ordinance 《香港終審法院條例》

27F. Cases excluded from section 27B(1)
(1) No appeal shall lie under section 27B(1) in respect of a decision of the judge in any proceedings where by virtue of any enactment, apart from the provisions of this Division, no appeal would lie from that decision to the Court of Appeal, with or without the leave of a judge or of the Court of Appeal.
(2) No appeal shall lie under section 27B(1) in respect of a decision of the judge where by virtue of any enactment, apart from the provisions of this Division, no appeal would (with or without the leave of the Court of Appeal or of the Court) lie from any decision of the Court of Appeal on an appeal from the decision of the judge.
(3) Where by virtue of any enactment, apart from the provisions of this Division, no appeal would lie to the Court of Appeal from the decision of the judge except with the leave of a judge or of the Court of Appeal, no appeal shall lie under section 27B(1) in respect of that decision unless it appears to the judge that apart from the provisions of this Division it would be a proper case for granting such leave.
(4) No appeal shall lie under section 27B(1) where the decision of the judge, or any order made by him in pursuance of that decision, is made in the exercise of jurisdiction to punish for contempt of court.
(Added 11 of 2002 s. 4) Editorial Note:

* For the transitional provision relating to the amendments made by the Hong Kong Court of Final Appeal (Amendment) Ordinance 2002 (11 of 2002), see section 5 of that Ordinance. 

28. Interpretation
In this Part, unless the context otherwise requires—
appeal (上訴) means appeal to the Court under this Part, and appellant (上訴人) has a corresponding meaning, and includes a person who has given notice of application for leave to appeal;
court of trial (原審法庭), in relation to an appeal, means the court from which the appeal lies to the Court of Appeal or the Court of First Instance; (Amended 120 of 1997 s. 10)
defendant (被告人) means, in relation to an appeal, the defendant before the court of trial, and references to the prosecutor shall be construed accordingly.

29. Application
This Part applies to appeals in any criminal cause or matter.

30. Criminal jurisdiction
The criminal jurisdiction of the Court shall consist of appeals under this Part.