HKSAR v. LEE WING LEE

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

1994, No.446
(Criminal)

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J U D G M E N T

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Power, V.-P. (giving the judgment of the Court):

1. On 11th August 1994, the applicant was found guilty after trial before Deputy Judge Cannon and a jury of one count of robbery and sentenced to imprisonment for 15 years. He appealed against that conviction and sentence. His appeal against conviction was heard on 19th May 1995 and was dismissed on that same date. He abandoned his application for leave to appeal against sentence.

2. On 14th December 1997, he made an application to appeal against sentence out of time. He submits in that application which is before us today that he has given substantial assistance to the authorities by giving information with regard to criminal activities on the part of drug traffickers and others and, in one case, by giving evidence against the drug trafficker.

3. If such assistance has been given, it is, we are satisfied, a matter that must be dealt with by the Executive and not by this court. It would, in the circumstances, be quite wrong for us to allow him to withdraw his abandonment of his appeal. The matter is so stale that we cannot properly resurrect it. His application is, therefore, refused. He can, as I have told him, make an application, in which he will be assisted by the Prison Welfare Officer, to the Executive for clemency in the light of any assistance which he has given.

4. He has complained to us as to what, he suggests, is an improper assessment of sentence. We ask for a report from the Commissioner of Correctional Services in this regard and ask that it be furnished both to us and to the applicant. It will not be necessary for us to recall this matter unless something in that report causes us concern.

5. The application is refused.