Ng Chi Kin v. HKSAR
Read the full judgment text of FAMC 34/1999 on BabelCite. This FAMC judgment was delivered on 19 January 2000.
1. The applicant, who was a bailiff's assistant, seeks leave to appeal against convictions for using, as an agent, a document with intent to deceive his principal and of false accounting. The charges and the convictions arose out of allegations that he had falsely claimed mileage and travelling expenses for serving a summons. The written grounds of his application are, first, that the Independent Commission Against Corruption held back evidence from the Court such as that the ICAC should have pr
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FAMC000034/1999 FAMC No. 34 of 1999 IN THE COURT OF FINAL APPEAL OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION MISCELLANEOUS PROCEEDINGS NO. 34 OF 1999 (CRIMINAL) (ON APPLICATION FOR LEAVE TO APPEAL FROM HCMA NO. 594 OF 1999) _____________________
_____________________ Appeal Committee: Mr Justice Litton PJ, Mr Justice Ching PJ and Mr Justice Bokhary PJ Date of Hearing: 19 January 2000 Date of Determination: 19 January 2000 _____________________________ DETERMINATION _____________________________ Mr Justice Ching PJ: 1. The applicant, who was a bailiff's assistant, seeks leave to appeal against convictions for using, as an agent, a document with intent to deceive his principal and of false accounting. The charges and the convictions arose out of allegations that he had falsely claimed mileage and travelling expenses for serving a summons. The written grounds of his application are, first, that the Independent Commission Against Corruption held back evidence from the Court such as that the ICAC should have prosecuted his superior for neglect of duty if that superior should admit to having knowledge of the usual corrupt work practices in the bailiff's office and, secondly, that a member of the ICAC had stated in an interview room that he had knowledge of such practices wherefore it was unfair to pick upon him and not other members of the office. He concluded by saying that the ICAC had spent a year trying but failing to find evidence of bribery of a superior and of perversion of justice and argues that if his conviction is allowed to stand as a precedent all civil servants could be removed from office with ease. Orally before us, he made other complaints concerning the consolidation of the trials of himself and others of his colleagues, the use or non-use of screens to preserve the anonymity of certain witnesses and that the ICAC officers had told lies. 2. It is necessary to say once more that the Court of Final Appeal does not sit as a second court of criminal appeal. Even if it did, the grounds put forward are either not relevant to the convictions on are not grounds upon which the applicant could succeed on appeal. 3. This application is dismissed.
Representation: Mr Ng Chi Kin, the Applicant, in person Mr Alex Lee, SGC (of Department of Justice) for the Respondent |