HKSAR v. Chow Man Yuen
|
HCMA155/2009 IN THE HIGH COURT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION COURT OF FIRST INSTANCE (Appellate Jurisdiction) MAGISTRACY APPEAL NO. 155 OF 2009 (ON APPEAL FROM ESCC 4967 OF 2008) ---------------------- BETWEEN
---------------------- Before : Hon McMahon J in Court Dates of Hearing : 3 April , 4 May, 6 July and 7 September 2009 Date of Judgment : 7 September 2009 ------------------------- J U D G M E N T ------------------------- 1.This matter came before this court for the first time in April of this year when the appellant was out of this jurisdiction but sought an adjournment of her appeal so she could retain counsel to represent her. The matter was therefore adjourned on that occasion and was then adjourned on two subsequent occasions for the same reason, the appellant not being able to be represented due to financial constraints. 2.Again the appellant this morning, on this fourth occasion, seeks an adjournment for the same reason effectively, though she now informs this court that she realizes that she cannot afford a counsel to represent her but now wishes to have the opportunity to try to retain a solicitor to do so. It is quite plain to me that this appellant has been provided with ample opportunity to obtain representation in Hong Kong and has not prosecuted her appeal with any purpose of having the matter dealt with and therefore her appeal is dismissed for lack of prosecution.
Ms Grace Chan, SPP of the Department of Justice, for the Respondent Appellant in person, absent |