HKSAR v. CHAN PING

CACC 401/2001

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CRIMINAL APPEAL NO. 401 OF 2001

(ON APPEAL FROM HCCC 337 OF 1999)

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J U D G M E N T

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1. The reason given by the applicant for not making the application timeously is not a good one. The Court of Appeal has held that reductions will not normally be made for persons from the Mainland serving prison sentence on the ground of additional hardship. There are many factors to be considered. Even if this were not the case, it has to be said that any appeal by this applicant would have no chance of success. The offences in question were very serious offences involving a degree of violence. The applicant was indeed fortunate to only be sentenced to five years' imprisonment.

2. The application is dismissed.