R. v. Kwan Cheuk Leung
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CACC000793/1995 IN THE COURT OF APPEAL 1995, No. 793
------------------------------- Coram: Hon Litton, V.-P., Bokhary and Liu, JJ.A. in Court Date of hearing: 7 August 1996 Date of judgment: 7 August 1996 ---------------------- J U D G M E N T ---------------------- Litton, V.-P. (giving the judgment of the Court): 1. This is an application to extend time to apply for leave to appeal against conviction. 2. The applicant was convicted in the District Court on three charges of trafficking in dangerous drugs and on one charge of possession of dangerous drugs after trial before Deputy Judge Christie and was sentenced on 18 August 1994 to terms of imprisonment totalling 41/2 years. 3. His application to extend time was made only on 11 December 1995, well over a year after the time for lodging his application had expired. 4. The applicant was arrested on 17 November 1992 as a result of an undercover police operation conducted over a long period of time. The area near the entrance to the 7-Eleven Store in O'Brien Road, Wanchai, had been kept under observation by the police. The applicant, together with six other men, were identified as sellers of dangerous drugs, supplying packets of heroin on demand. Some of the purchasers were undercover police officers. Surveillance was made through binoculars from a nearby roof-top and the activities down on the street level were video-taped. The applicant was alleged to have sold packets of heroin to undercover police officers on 9 and 17 November 1992. The police officers paid the applicant with marked notes. When the applicant was arrested on 17 November 1992 marked notes were found on him. 5. When, after his arrest, the applicant's home was searched, a small quantity of heroin - 11.8 grams of a mixture containing 5.44 grammes of salts of esters of morphine - were found. The applicant was charged with trafficking with regard to this quantity as well, but the judge acquitted him of this and convicted him of the lesser charge of possession of dangerous drugs. 6. The issue at trial was identity. There was a question as regards the colour of the trousers worn by the man identified as the applicant. The police sergeant who identified the applicant as one of the sellers described him as wearing black trousers, but the video film showed him as wearing blue trousers. There was also an issue as to whether the applicant was seated or not. These issues were fully explored by the judge. 7. The applicant did not lodge his application for leave to appeal within the time limited for appeal. He now says that he should be given an extension of time because the sergeant who had mounted the surveillance and identified him as one of the sellers has, since the trial, been under investigation by the ICAC and, as reported in the press, has absconded. Even if these things were true, nothing suggests that they have anything to do with the present case. There are no grounds for re-opening the case now. 8. The application to extend time is dismissed.
Representation: Mr A.A. Bruce, QC and Mr Vincent Wong (Crown Prosecutor) for Crown/Respondent KWAN Cheuk-leung, Applicant in person |