HKSAR v. Choi Man Kin

CACC000644A/2002

CACC 644/2002

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CRIMINAL APPEAL NO. 644 OF 2002

(ON APPEAL FROM DCCC 867 OF 2002)

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Coram: Hon Stuart-Moore VP, Stock JA and Jackson J in Court

Date of Hearing: 26 August 2003

Date of Judgment: 26 August 2003

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J U D G M E N T

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Stuart-Moore VP (giving the judgment of the Court):

1.On 20 May 2003, the Applicant was unsuccessful in applying for leave to appeal against conviction in the District Court before Deputy Judge E. Yip for robbery (also CACC 644/2002). He had earlier lodged a notice setting out his intention to seek leave to appeal against sentence. However, on 27 February 2003, he abandoned this application in writing. Later, the Applicant apparently sought leave to have his abandonment treated as a nullity until he informed the court during the course of these proceedings that he had expected to be allowed to withdraw the application.

2.There were no grounds, in any event, for saying that there was any basis on which to treat the abandonment as a nullity and this application is dismissed.

Representation:

Mr Kelvin Lee Ka-yun, GC, of the Department of Justice, for the Respondent.

Applicant in person.