HKSAR v. WU TSUNG HSIN

CACC 456/1996

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CRIMINAL APPEAL NO. 456 OF 1996

(ON APPEAL FROM HCCC 114/1996)

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J U D G M E N T

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Stock JA (giving the judgment of the Court):

1. This is an application to treat an abandonment of an appeal as a nullity. The applicant was sentenced on 2 July 1996 by Deputy Judge Jackson (as he then was) to a term of 12 years imprisonment for trafficking in dangerous drugs. He had been caught at the departure lounge of Hong Kong airport with two packets of heroin, the narcotic content of which was 597 grams. The judge would have been justified in taking a starting point of 20 years imprisonment but took a lower point of 18 years because of the applicant's cooperation with the authorities and, giving the normal discount for a plea of guilty, arrived at the sentence of 12 years.

2. The applicant filed a notice of application for leave to appeal against sentence but was refused legal aid on 9 October 1996. That refusal is not surprising since the sentence received was perhaps on the light side given the fact that the recited assistance proved to be of little value. The applicant abandoned his application for leave on 20 November 1996.

3. Now, some seven years later, and two months before his estimated date of release, he seeks to revive his application on the ground that he is a native of Taiwan who did not understand Cantonese, does not understand legal procedure and did not know what he was doing. As to the merits he prays in aid the suggested assistance which was put before the trial judge and, before us today, expresses remorse for his conduct and mentions family circumstances which, if accurate, are deserving of sympathy.

4. The applicant has not established to our satisfaction that his mind did not go with his deed when he abandoned his application in 1996, and we would only add for his benefit that we see no grounds in any event which would warrant interference with the sentence.

5. Accordingly the application is dismissed.