XCHRX R. v. LEE YIU HANG and Others

IN THE COURT OF APPEAL

1993, No. 709

(Criminal)

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J U D G M E N T

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Litton, J.A.:

1. I have before me seven applications for bail pending appeal. They arise out of a case of wounding which occurred on 12 May 1992 at the 7- Eleven store at Wo Che Estate in Shatin. The applicants were convicted in the District Court on 22 October 1993 and sentenced on 6 December 1993. In relation to the first five applicants they were ordered to serve a period of training in a Training Centre but in relation to the sixth and seventh applicants they were sentenced as follows: In relation to the two wounding charges, three years' imprisonment; in relation to the charge of membership of a triad society, one and half years' imprisonment, to be served concurrently, with the result that the sixth and the seventh applicants are serving terms of imprisonment of three years each.

2. The convictions were based on confession statements made by each of the applicants. Mr. Arthur Luk appearing for the Crown has helpfully highlighted passages in the statements. There were extremely detailed and in each case amounted to a full confession of wounding with intent. In each case the applicant also admitted to membership of various triad societies and in most cases gave details of joining the triad society through an elder brother; in some cases there were descriptions of activities consistent with membership of triad societies.

3. The trial judge found the police officers who testified in relation to those confession statements impressive witnesses but the defendants and their witnesses "without exception lied and lied in the most obvious way. Their stories were not told with any finesse whatever".

4. What the applicants have to satisfy me is that in each case they have a strong likelihood of succeeding on their appeal. On the matters before me I am not satisfied on this ground and these applications will therefore be dismissed.