HKSAR v. TAM KWAN CHEONG

CACC 77/2002

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CRIMINAL APPEAL NO. 77 OF 2002

(ON APPEAL FROM DCCC 926 OF 2001)

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J U D G M E N T

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1. There was strong evidence that the applicant did indeed commit these burglaries. Nothing which he had said would indicate that the Judge was in any way in error in convicting him as charged. The sentence of five years' imprisonment was also an appropriate total sentence.

2. Both applications for leave to appeal against conviction and sentence are dismissed.

3. One other matter which I have to raise is that I am sitting as a single judge and it is always open to the applicant to renew his application before a full bench of three judges. I would however warn him that if he does so and if the full bench considers that there is no merit in either of the applications, it is almost certain that they would order that some of the time which he has spent in custody will not count towards the sentences which he is serving. It is entirely a matter for him.