HKSAR v. CHAN SAU CHEUNG

HCMA 836/2005

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MAGISTRACY APPEAL NO. 836 OF 2005

(ON APPEAL FROM ESCC 1413 OF 2005)

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J U D G M E N T

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1.  The Applicant pleaded guilty in the Magistrate’s Court, where he was legally represented, to a charge of theft.  Despite having pleaded guilty, he appealed against his conviction.  When the appeal was called on before me on 21 October 2005 he was in person.

2.  I offered him an adjournment to seek legal representation.  He declined.  So the appeal was heard.  I found no basis on which to accede to the appeal and I therefore dismissed it.

3.  Wishing to appeal to the Court of Final Appeal, he took out an application before me for a certificate that a point of law of great and general importance is involved. 

4.  The application first came on for hearing before me on 4  November 2005.  On that occasion, the Applicant, who was in person, sought an adjournment to seek legal advice.  I granted the adjournment.

5.  The application resumed before me today.  The Applicant appeared in person.  Having heard him, I find no point of law at all involved in this case, let alone one of great or general importance.

6.  The application for a certificate is therefore refused.