HKSAR v. YIP WING KIU

CACC 519/2001

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CRIMINAL APPEAL NO. 519 OF 2001

(ON APPEAL FROM DCCC 762 OF 2001)

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J U D G M E N T

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1. The applicant has not raised any substantial grounds of appeal against his conviction. The case against him was a very strong one. Leave to appeal is refused.

2. Similarly no substantial ground has been raised in respect of the sentence of 21/2 years' imprisonment which has been imposed. This application is also refused.

3. I would add that all that the applicant is doing at the moment is seeking leave to appeal. It is open to the applicant to proceed notwithstanding the fact that leave has not been granted. But if he does so and the Court of Appeal forms the view that there is no merit in both of the applications, it may order that part of the time which he served will not count towards the sentence he is serving. He should know about that before he proceeds.