Read the full judgment text of CACC 000220/2000 on BabelCite. This Court of Appeal judgment was delivered on 28 December 2000 before Mayo Ag. CJHC.
Criminal law – leave to appeal against conviction – undercover police operation – intimidation of tradesmen at residential estate – racketeering – criminal intimidation – assault with intent to cause certain acts to be done or omitted – resisting a police officer – Tierra Verde Estate – Tsing Yi North Bridge – triad connotations. On 23 September 1999, a plainclothes police officer posed as a contractor at the 6th level of the podium of the Tierra Verde Estate, where he was confronted by a group of men including the applicants who, through threats, foul language and calls for back-up assistance, sought to prevent him from working on the Estate. The officer gave a pre-arranged signal and was assisted by officers posing as security guards. The applicants (D2, D4, D6 and D7) were tried and convicted in the District Court before Judge Saunders on charges of criminal intimidation, assault with intent to cause certain acts to be done or omitted, and resisting a police officer. None of the defendants gave evidence, and the trial judge accepted the police officers' evidence. Defence of fabrication and cross-examination on inconsistencies failed at trial. Whether the applicants had demonstrated any merit or prospect of success in their written grounds of appeal against conviction. The Court of Appeal held that none of the grounds advanced began to demonstrate any merit whatever and there was no prospect of success. The applications for leave to appeal were dismissed. The court warned the applicants that if they nevertheless pursued unmeritorious appeals, the court was likely to order that some or all of the time spent in custody would not count towards the sentences they serve.
Legal issues: Whether leave to appeal against conviction should be granted
Outcome: Leave to appeal refused for all four applicants (D2, D4, D6 and D7).