The Queen v. Li Tak Nei

CACC000036/1986

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Coram: Silke, Kempster, JJ.A. & Power, J.

Date of hearing: 6th February 1986

Date of Judgment: 6th February 1986

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JUDGMENT

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Silke, J.A.:

1. Madam Li Tak Nei was charged, together with Madam Chan Siu Mui, on a count in an indictment of conspiracy to use an instrument with intent to procure a miscarriage.

2. Madam Chan and Madam Li were convicted on 29th June1985 and Madam Li, on 1st July 1985 sentenced to 18 months, imprisonment suspended for two years and fined $2,000. She did not seek leave to appeal against that conviction.

3. On 13th November 1985, we allowed the appeal of Madam Chan Siu Mui on the grounds of misdirection by the trial judge on the issue of corroboration.

4. Being aware of that decision and of the reasons we then gave, which applied equally to Madam Li as they did to Madam Chan, Madam Li applied on 13th January 1986 for an extension of time within which to give notice of her application for leave to appeal and for leave to appeal against her conviction.

5. Mr. Hartmann for the Crown very properly and very helpfully informed the Court at an early stage that the Crown would not oppose either application.

6. Mr. Polson has referred us to his Grounds of Appeal which embody, at least to the part, the basis for the decision in the Madam Chan's case. Mr. Hartmann has confirmed the Crown's position.

7. We accept that Madam Li is in precisely the same position in relation to this matter as was Madam Chan and that the reasons given in Criminal Appeal No. 324 of 1985, the judgment of the Court being delivered by McMullin, V.P., apply in full to Madam Li's conviction.

8. We, therefore, grant the extension of time; give leave; treat the hearing as the hearing of the appeal; allow the appeal; quash the conviction and set aside the sentence. The fine, if paid, to be refunded.

Representation:

Ian Polson, Esq. (Tang & Knight) for Applicant.

M.J. Hartmann, Esq. for Crown.