HKSAR v. Chan Sau Cheung

HCMA 836/2005

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MAGISTRACY APPEAL NO. 836 OF 2005

(ON APPEAL FROM ESCC 1413 OF 2005)

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BETWEEN

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Before: The Honourable Mrs Justice V Bokhary in Court

Date of Hearing: 21 October 2005

Date of Judgment: 21 October 2005

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J U D G M E N T

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1.This Appellant seeks to appeal against a conviction even though he had pleaded guilty and was legally represented at the time of such plea.

2.In his notice of appeal, he has written this:

“My grounds of appeal are: My mental state then was one of emotional instability.  However, I am now emotionally stable. Therefore, I am making this application.”

3.I offered the Appellant an adjournment in order for him to seek legal advice and assistance, whether privately or through the Bar Free Legal Service Scheme.  He declined an adjournment and proceeded with his appeal in person.

4.In his Statement of Findings, the Magistrate said this:

“The Defendant admitted the offence.  He was represented by the Duty Lawyer.  The Defendant showed no sign of emotional or mental instability.  I impose a fine of $500.”

5.I have listened to the Appellant.  I find no basis on which to accede to this appeal and the appeal is dismissed.

Appellant in Person

Mr W T Chiu, GC of Department of Justice, for the Respondent