HKSAR v. PENG JIXIANG

CACC 285/2001

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CRIMINAL APPEAL NO. 285 OF 2001

(ON APPEAL FROM DCCC 404 OF 2001)

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J U D G M E N T

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1. This conviction was entirely based upon findings of fact by the Judge and inferences which could validly be drawn from the evidence which was before the Judge. The applicant has not demonstrated that there are any arguable grounds of appeal. Leave is accordingly refused.

2. At this stage I would also advise the applicant that although leave has been refused he is still able to prosecute an appeal but if he does so he lays himself open to the risk that the court hearing the appeal may find it completely unmeritorious and order that part of the time which he served in custody will not count towards his sentence.