HKSAR v. CHING WAN FAI

CACC 80/2002

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CRIMINAL APPEAL NO. 80 OF 2002

(ON APPEAL FROM DCCC 911 OF 2001))

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J U D G M E N T

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1. All of the matters referred to by the applicant in relation to his application for leave to appeal against conviction are factual matters which were considered by the Judge. This is not a re-trial. There is no reason to justify interfering with the Judge's findings. This being the case the application for leave to appeal against conviction is dismissed.

2. So far as the application for leave to appeal against sentence is concerned, I have formed the view that, having regard to the very small quantity of dangerous drugs involved, leave should be granted to the applicant to appeal against sentence.

3. On the previous occasion when the applicant appeared before me he indicated that he did not wish to proceed with his application for leave to appeal against sentence. However I made no order on that occasion and I am satisfied that it is now open to me to grant the leave sought, particularly as this is now the wish of the applicant. That being the case, the applicant is granted leave to appeal against sentence.