HKSAR v. KWOK IP WAI

CACC 456/1999

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CRIMINAL APPEAL NO. 456 OF 1999

(ON APPEAL FROM HCCC 329 & 386 OF 1998)

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J U D G M E N T

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Stuart-Moore VP (giving the judgment of the Court):

1. The Applicant seeks leave out of time to appeal against a total sentence of twenty years' imprisonment which he is currently serving for trafficking in quantities of heroin where the narcotic content weighed over 5 kgs. This sentence, following a contested trial before Mr Recorder R. Wong, SC, was imposed on 27 August 1999. It goes without saying that for such a large quantity this was a remarkably merciful sentence.

2. The Applicant came before this court on 13 July 2000 when his application for leave to appeal against conviction was dismissed. He made his first application in relation to sentence on 9 August 2000, which was out of time by approximately ten months.

3. The Applicant provided an affirmation dated 26 July 2000 setting out the reasons why his sentence application had been made so long out of time. These relate to his lack of education and his sole concentration on the application so far as it affected his conviction. He also stated that because his trial counsel's original draft for grounds of appeal relating to sentence had been written in English, he was unable to understand them.

4. Quite obviously these grounds for considering the application so greatly out of time are not sufficient for us to do so and on this basis we decline to give leave. We should add, however, that there were no merits to the application which was bound to fail in any event.

5. The application out of time is dismissed.