HKSAR v. CHENG FUK SHEUNG

CACC373/2003

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CRIMINAL APPEAL NO. 373 OF 2003

(ON APPEAL FROM DCCC NO. 140 OF 2003)

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J U D G M E N T

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1. On 23 June 2003, the applicant, together with two others, was convicted in the District Court by Judge Whaley of burglary. He was sentenced on 18 August 2003 to 3 years' imprisonment. The notice of application for leave to appeal against conviction is dated 28 August 2003.

2. The alleged burglary related to residential premises situate at Pak Tai Street, Kowloon City where the applicant and two other defendants were alleged to have stolen some jewellery, cash and watches. The date of the offence was 15 August 2002.

3. The evidence against the applicant included an oral confession he made to the police upon being apprehended that day, as well as the evidence of a neighbour who saw a number of men (whom the judge inferred from all the evidence to have included the applicant) trying to break into the premises in question.

4. The applicant gave evidence at trial but was found by the judge to have been a poor witness. I see nothing to suggest that the judge was not entitled to make the findings and reach the conclusion he did.

5. Today, the applicant has made submissions to the effect that there was an absence of DNA or fingerprint evidence linking him to the alleged crime. He has also made submissions in relation to other aspects of the evidence and the procedure adopted at an identification parade and at trial. All these matters were or must have been taken into account by the judge. There is also an assertion that the judge was biased against him.

6. In my view, none of these submissions has merit. The application for leave to appeal against conviction is dismissed.