R. v. NG KAR CHUNG

IN THE COURT OF APPEAL

1994, No. 588
(Criminal)

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J U D G M E N T

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Stuart-Moore, J. (giving the judgment of the Court):

1. The applicant was convicted on 31st October 1994 of two charges alleging conspiracy to commit blackmail. He now applies to this court for leave to appeal against his conviction because, as he puts it, in the grounds he has settled himself, he has nothing to do with the case.

2. The learned Deputy Judge's carefully reasoned findings indicated clearly that the issues raised in the trial had been fully considered by him. Deputy Judge Candy decided that, from the whole of the evidence given by the 1st prosecution witness who was the undercover police officer posing as a fish buyer in Castle Peak Market, he was satisfied beyond a reasonable doubt that the applicant was acting in concert with others in making threats to PW1 in order to force that witness to employ a worker and to buy fish from the applicant. The evidence was overwhelming provided that PW1 could be relied upon.

3. The learned Deputy Judge stated in his reasons for verdict that PW1 was a credible witness who had given his evidence clearly,and had been unshaken in cross-examination. We can see no reason to depart from that finding.

4. Accordingly, this application is refused.