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IN THE COURT OF APPEAL
1994, No.45
(Criminal)
BETWEEN
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THE QUEEN
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and
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WONG CHI-KEUNG
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Coram: Hon. Power, V.-P., Mortimer, J.A. & Ryan, J
Date of Hearing: 2nd November 1995
Date of Judgment: 2nd November 1995
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JUDGMENT
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Power, V.-P,: (giving the judgment of the Court):
1. The applicant in this matter pleaded not guilty at trial and was, after trial, convicted. He then appealed against that conviction and his appeal was dismissed. He then gave information to the authorities which led to the arrest of the two accomplices. He then made an application for leave to appeal against his sentence out of time. He comes before the court today represented by Miss Lam asking that the court grant that application. It is suggested that it should be granted principally because he can show merit in the appeal, i.e. his co-operation and willingness to give evidence. His reasons for being out of time are wholly without merit. He has, it can be said, played the system as far as he possibly could. Having exhausted his avenues to avoid conviction, he is now seeking to have his sentence reduced by co-operating with the authorities. Such co-operation is to be encouraged but whether this court should, in circumstances such as obtain here, give leave to appeal against sentence out of sentence out of time is quite another matter. It seems to us that this is a matter which can, at the end of the day, very properly be considered by the executive, and considered in the round, taking into account not only the information he has given, but also the evidence which he promises to give and the effectiveness of that evidence. In the circumstances we have no hesitation in refusing to grant the application for leave to appeal out of time.
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(N.P. Power)
Vice-President
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(Barry Mortimer)
Justice of Appeal
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(T.J. Ryan)
Judge of the High Court
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Mr. Derek Pang, A.P.C.C. (Ag.) (Crown Prosecutor) for the Respondent
Miss Cissy K.S. Lam assigned by D.L.A. for the Applicant.
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