HKSAR v. Chung Yuk Pun, Banny

CAC C 316/2010

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CRIMINAL APPEAL NO. 316 OF 2010

(ON APPEAL FROM HCCC NO. 201 OF 2010)

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BETWEEN

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Before: Hon Stock VP, Yeung VP and Lunn JA in Court

Date of Hearing: 15 December 2011

Date of Judgment: 15 December 2011

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J U D G M E N T

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Hon Stock VP (giving the judgment of the Court):

1.This applicant pleaded guilty before the late Mackintosh J to two counts of trafficking in a dangerous drug and one count of possession of a dangerous drug and on 17 August 2010 was sentenced to a total of 6 years and 6 months’ imprisonment.

2.He lodged an application for leave to appeal against sentence on 8 September 2010 and filed a notice of abandonment on 3 November 2010.  Accordingly his application for leave to appeal against sentence was, by operation of law, dismissed.

3.He now seeks leave to revive the application. That means that this Court has to ascertain whether there are grounds upon which to treat that abandonment as a nullity.

4.In support of his application he says that at the time he cancelled his application no lawyer was assigned to him and that he has since “found some mistakes in the document”, by which he means that from his record of interview the judge thought that a previous sentence was imposed by one level of court, whereas it was in truth imposed at another.

5.There is no basis upon which to conclude that in signing the notice of abandonment, his mind did not go with his deed. Accordingly the application is refused.

Mr Martin Hui, SADPP of the Department of Justice, for the Respondent

Applicant in person