HKSAR v. YAU KA-WAI, JIMMY

CACC 415/2001

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CRIMINAL APPEAL NO. 415 OF 2001

(ON APPEAL FROM DCCC 487 OF 2001)

______________

______________

_____________

J U D G M E N T

_____________

1. The applicant's main complaint is that an insufficient discount was given to him in respect of the assistance he gave to the police. It is noted that he received a discount of 50%. He accepts that he did not give evidence in any other trial. It would appear that the 50% discount was generous in all the circumstances. The starting point was in conformity with the guidelines. It is pertinent to add that it was the applicant himself who referred to the assistance he gave to the authorities.

2. The application is dismissed.

3. Notwithstanding the fact that I decline to give the applicant leave he can proceed with an appeal to the Court of Appeal. However, I would point out that if he does so and the Court of Appeal takes a similar view to the matter as I take, it is highly likely that it would order that part of the time that he served will not count towards the total sentence he is serving.