HKSAR v. LEE KWAN WAI

CACC 362/2001

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CRIMINAL APPEAL NO. 362 OF 2001

(ON APPEAL FROM DCCC 683 OF 2001)

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J U D G M E N T

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1. The applicant claims that the interpreter at his trial informed him that the starting point which would be adopted for the burglary would be 30 months and that he would get the usual one-third discount for his plea. He also claims that the judge stated that he would receive a reduction of 2 months' imprisonment on the second count on account of his personal and family circumstances. There is nothing in the Reasons for Sentence which would substantiate either of these claims. Also Ms Chan for the respondent informs me that she is unaware of these matters and there is nothing relating to them on the papers she has. It has to be said that these sentences were entirely proper sentences. Leave to appeal is refused.

2. One further matter which I must refer to is that the fact that leave is refused does not mean to say that the applicant cannot proceed with an appeal. However if he does so in the light of leave having been refused he would place himself on risk that the court might order that some of the time he served in custody might not count towards the total sentence on account of the appeal being unmeritorious.