HKSAR v. SINGH HARJANG

CACC 622/1999

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CRIMINAL APPEAL NO. 622 OF 1999

(ON APPEAL FROM DCCC 678 OF 1999)

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J U D G M E N T

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1. This application is without merit. No satisfactory reason has been given for the application not being made timeously. Over and above this the application is entirely without merit. The wounding in question was a serious one. It is virtually inconceivable that the application would succeed even if leave were to be granted to appeal out of time.

2. I would add that of course the fact that leave has been refused does not prevent the applicant from continuing with the appeal should he wish to do so. However I would point out that if the Court of Appeal similarly held the view that the application was entirely unmeritorious it is likely that the Court would order that some of the time which he spent in custody would not count towards the sentence which he is serving. I give him this information for his own benefit.