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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Before: The Honourable Mrs Justice V Bokhary in Court

Date of Hearing : 23 January 2006

Date of Judgment : 23 January 2006

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J U D G M E N T

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1.The Applicant pleaded guilty in the Magistrate’s Court, where he was legally represented, to a charge of theft.  Despite having pleaded guilty, he appealed against his conviction.  When the appeal was called on before me on 21 October 2005 he was in person.

2.I offered him an adjournment to seek legal representation.  He declined.  So the appeal was heard.  I found no basis on which to accede to the appeal and I therefore dismissed it.

3.Wishing to appeal to the Court of Final Appeal, he took out an application before me for a certificate that a point of law of great and general importance is involved. 

4.The application first came on for hearing before me on 4  November 2005.  On that occasion, the Applicant, who was in person, sought an adjournment to seek legal advice.  I granted the adjournment.

5.The application resumed before me today.  The Applicant appeared in person.  Having heard him, I find no point of law at all involved in this case, let alone one of great or general importance.

6.The application for a certificate is therefore refused.

Applicant in person

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