NG CHI KIN v. HKSAR

FAMC No. 34 of 1999

IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MISCELLANEOUS PROCEEDINGS NO. 34 OF 1999 (CRIMINAL)

(ON APPLICATION FOR LEAVE TO APPEAL

FROM HCMA NO. 594 OF 1999)

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DETERMINATION

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Mr Justice Ching PJ:

1. The applicant, who was a bailiff's assistant, seeks leave to appeal against convictions for using, as an agent, a document with intent to deceive his principal and of false accounting. The charges and the convictions arose out of allegations that he had falsely claimed mileage and travelling expenses for serving a summons. The written grounds of his application are, first, that the Independent Commission Against Corruption held back evidence from the Court such as that the ICAC should have prosecuted his superior for neglect of duty if that superior should admit to having knowledge of the usual corrupt work practices in the bailiff's office and, secondly, that a member of the ICAC had stated in an interview room that he had knowledge of such practices wherefore it was unfair to pick upon him and not other members of the office. He concluded by saying that the ICAC had spent a year trying but failing to find evidence of bribery of a superior and of perversion of justice and argues that if his conviction is allowed to stand as a precedent all civil servants could be removed from office with ease. Orally before us, he made other complaints concerning the consolidation of the trials of himself and others of his colleagues, the use or non-use of screens to preserve the anonymity of certain witnesses and that the ICAC officers had told lies.

2. It is necessary to say once more that the Court of Final Appeal does not sit as a second court of criminal appeal. Even if it did, the grounds put forward are either not relevant to the convictions on are not grounds upon which the applicant could succeed on appeal.

3. This application is dismissed.