HKSAR v. Lau Kwok Keung

CACC 42/2005

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

criminal APPEAL NO. 42 OF 2005

(ON APPEAL FROM DCCC NO. 1021 of 2004)

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BETWEEN

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Before:   Hon Stuart-Moore Ag CJHC, Suffiad and McMahon JJ

Date of Hearing: 10 March 2006

Date of Judgment: 10 March 2006

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J U D G M E N T

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Stuart-Moore, Ag CHJC (giving the judgment of the Court):

1.In an affirmation dated 16 June 2005, the applicant has sought the leave of this court to treat as a nullity his abandonment of an application for leave to appeal against his conviction in the District Court on 12 January 2005, following a trial before Deputy Judge Thomas for trafficking in methamphetamine hydrochloride.  The reason he gave for abandoning the original application was that he had no lawyer to represent him at the hearing on 13 June 2005.  He went on to say that it was only later, when his family agreed to engage a lawyer for him, that he decided to reinstate his application.  It can readily be seen from his account, which he has repeated in these proceedings today, that the abandonment was a deliberate and informed decision (See: HKSAR v Lai Siu Cheung [2005] 1 HKLRD 1 para. 28 following R v Medway [1976] 62 Cr App R 85).

2.Accordingly, the application is dismissed.

Mr David C Leung, SGC, of the Department of Justice, for the Respondent.

The Applicant, in person.