HKSAR v. HOANG ANH SON

CACC 93/1999

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CRIMINAL APPEAL NO. 93 OF 1999

(ON APPEAL FROM DCCC 10/1999)

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J U D G M E N T

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Mayo J.A. (giving the judgment of the Court):

1. The applicant was found guilty of attempted burglary after a trial in the District Court before Judge Wright. He seeks leave to appeal against his conviction.

2. The facts were very simple. Police officers on anti-burglary patrol duties on the night of 29th October 1998 in Mongkok came upon the applicant in a side lane wearing gloves and holding a crowbar. He was asked to account for himself. He told the officers that he had entered the lane to defecate. The officers did not believe this and arrested the applicant.

3. Later examination revealed paint fragments from the door the applicant had been pointing the crowbar at on the crowbar and on the white gloves.

4. The applicant did not go into the witness box. There was ample evidence available to the Judge to base a conviction.

5. In his application the applicant simply states that it was not his intention to steal anything.

6. Before us, he claimed that the police officers had framed him up.

7. There is no merit whatever in this application and it is dismissed. We order that 3 months of the time the applicant has spent in custody will not count towards the sentence he is serving.