HKSAR v. Marcos Tiburcio Villamor Tan

CACC000144/2002

CACC 144/2002

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CRIMINAL APPEAL NO. 144 OF 2002

(ON APPEAL FROM DCCC 567 OF 2001)

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Coram: Hon Mayo VP in Court

Date of Hearing: 3 September 2002

Date of Judgment: 3 September 2002

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J U D G M E N T

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1.This is a difficult case. Despite his claims of access to enormous sums of money the applicant has not been able to secure legal representation for this application notwithstanding the fact that when he appeared before me in July I advised him that it was unlikely that any further adjournments would be granted. From what the applicant has said today before me and from the document which he sent to the court I do not consider it to be likely that any useful purpose would be achieved by granting a further adjournment. Accordingly I refused an application for a further adjournment.

2.The applicant then made a rambling submission which amounted to inviting me to retry his case. He does not appear to accept that there has been a valid adjudication in respect of the charges laid against him.

3.The case against the applicant before the Judge was overwhelming. There was evidence which was accepted by the Judge that the applicant affixed the seals to the false documents which were submitted to the Hong Kong and Shanghai Bank.

4.An approach was made to the Bank for payment out of the moneys referred to in the documents.

5.The Applicant has said nothing which gainsays the prosecution case. I am accordingly not prepared to grant leave for the applicant to appeal against his conviction.

Representation:

Mr Jackson Poon, SGC, of the Department of Justice, for the Respondent.

Applicant in person.