HKSAR v. CHOW YIU KWONG

CACC 355/1999

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CRIMINAL APPEAL NO. 355 OF 1999

(ON APPEAL FROM DCCC 639/1998)

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J U D G M E N T

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Mayo J.A. (giving the judgment of the Court):

1. The Applicant pleaded guilty to three counts of obtaining a pecuniary advantage by deception in the District Court before H.H. Judge Poon. He was sentenced to a total of 2 years imprisonment. He now seeks leave to appeal against sentences imposed out of time.

2. The reason given for not lodging the appeal timeously is that:

"I was at a loss after the sentence was imposed. Later, it occurred to me that the Judge, when sentencing, did not consider the fact that I had returned the goods to the victim. Thus I feel that the sentence is too heavy. I request for an appeal against sentence."

3. Needless to say this is not a valid or justifiable excuse.

4. So far as the merits of the application are concerned it is devoid of any merit. The three transactions in question related to the hire purchase of a tractor and two trailers. The total purchase price of these amounted to $900,000. It has to be said that when applying for the hire purchase agreement, the Applicant produced a forged document and his brother's identity card. Little credit could be given to the fact that the items were returned to the victim. It goes without saying that the title to the items never passed to the Applicant and it would have been open to them to re-possess them.

5. As we have said there is no merit whatever in this application. In all the circumstances the sentences imposed were lenient sentences. The application is dismissed and we order that 3 months of the time which the Applicant has spent in custody will not count towards the sentence he serves.