HKSAR v. Wong Yin-chak

CACC 126/2004

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

criminal APPEAL NO. 126 OF 2004

(ON APPEAL FROM DCCC NO. 1070 of 2003)

______________________

BETWEEN

______________________

Before:  Hon Stuart-Moore VP in Court

Date of Hearing:  16 November 2004

Date of Judgment: 16 November 2004

______________________

J U D G M E N T

______________________

1.There is no merit in the application for leave to appeal against conviction and leave is refused for this purpose.

2.The application in relation to the sentence of four years’ imprisonment merits a hearing before the full court.  Whilst there are no guidelines laid down for this type of offence (see: R v Lau See-kau,CACC 573/1995), this fell into a lower category of seriousness than many of its kind so that it is arguable that a three-year starting point is appropriate for someone such as the applicant with no previous conviction for blackmail and without a proven triad background.  These remarks should not be taken by the applicant as an indication that his appeal will necessarily succeed.  That will be for the court which hears the appeal to decide. 

3.Leave to appeal against sentence is granted.

Mr Vincent Wong, SGC, of the Department of Justice, for the Respondent.

The Applicant, in person.