R. v. XU GI GUI

IN THE COURT OF APPEAL

1994, No. 634
(Criminal)

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J U D G M E N T

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Litton, V.-P. (giving the judgment of the Court):

1. The applicant seeks leave to appeal against conviction out of time. He was convicted on 8 November 1994 after trial in the High Court before a judge and jury on a charge of wounding, contrary to Section 19 of the Offences against the Person Ordinance, and was sentenced to two-and-a-half years' imprisonment.

2. The offence occurred at the roof-top of No. 106 Wing Kwong Street, Kowloon on 28 November 1993. The victim was a 70 years old man. The injuries occurred as a result of a corrosive fluid being thrown on the victim by the applicant.

3. After trial the applicant applied for leave to appeal against the sentence of two-and-a-half years' imprisonment. That application was heard by this court on 12 May 1995. The applicant did not at that time seek leave to appeal against his conviction. The events of the 28 November 1993 were thoroughly examined at the applicant's trial. The High Court judge gave an impeccable summing-up to the jury.

4. The applicant now says in this court that at his trial in November 1994 he had communication difficulties as he spoke little Cantonese, but that too was a matter which the judge had brought to the attention of the jury in the course of his summing-up.

5. There are no grounds for re-opening the conviction which occurred well over a year ago. The application is dismissed.