HKSAR v. Chan Kin Lung and Another

Case No.CACC 673/1996

Court

Court of Appeal

Date31 Jul 1997

Judge—

Case Document

100%

CACC000673/1996

IN THE COURT OF APPEAL

1996, No. 673

(Criminal)

_______________

BETWEEN
	HKSAR	Respondent

	and

	CHAN KIN LUNG	1^st Applicant
	CHEUNG FAT HOI	2^nd Applicant

_______________

Coram: Hon Power V-P, Mortimer V-P and Mayo JA in Court

Date of hearing: 31 July 1997

Date of judgment: 31 July 1997

_______________

J U D G M E N T

_______________

Mayo JA giving the judgment of the Court:

1. Both applicants were convicted after a trial before HH Judge Whaley of blackmail and claiming to be members of a triad society. They now seek leave to appeal against their conviction.

2. It was the prosecution case that both men approached the site supervisor at a construction site at Siu Lam and demanded 'Lai See'. The supervisor said that he would have to consult his superiors. He took a name and pager number from A1. After they left he made a report to the police. An undercover police officer posing as the superior telephoned the number given and suggested a meeting when the matter might be discussed.

3. Both applicants attended at the meeting. They made a demand for $54,000 as protection money. A1 did most of the talking but A2 specifically indicated that if payment was not forthcoming they had better be careful. Also A1 said that they were 'Lo Sun' which it was agreed meant that they were members of the Sun Yee On Triad Society if that statement had been made.

4. The men were then arrested by police officers who were standing by.

5. Neither applicant gave evidence in their defence. Judge Whaley found the prosecution witnesses to be truthful and reliable and found the charges laid proved beyond a reasonable doubt.

6. In their grounds of appeal both applicants made very generalised complaint that the lawyer representing them did not do his best for them.

7. Before us A1 claimed that the prosecution could not produce any exhibit. A2 complained that the identification evidence was unsatisfactory. There is no merit whatever in any of these grounds. There was overwhelming evidence against these men. The convictions were in no way unsafe or unsatisfactory and these applications are dismissed.

(N. P. Power)	(Barry Mortimer)	(Simon Mayo)
(Vice-President)	(Vice-President)	(Justice of Appeal)

Representation:

Mr A.A. Bruce SC & Mr Edmond Lee (DPP) for Respondent

Chan Kin Lung - 1st Applicant in person

Cheung Fat Hoi - 2nd Applicant in person