HKSAR v. Chan Yee Lap

CACC 30/2013

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CRIMINAL APPEAL NO. 30 OF 2013

(ON APPEAL FROM DCCC NO. 443 OF 2012)

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BETWEEN

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Hon Fok JA (giving the Judgment of the Court):

1.The hearing today was to have been the applicant’s renewed application for leave to appeal against conviction and sentence, his application having initially been refused by a single Justice of Appeal on 7 June 2013.

2.However, late yesterday afternoon (at around 5.45 pm), the Court received a fax from the applicant, via the Commissioner of Correctional Services, containing a Form VII under the Criminal Procedure Rules.  That form on its face only mentions an intention to abandon the application for leave to appeal against conviction but there is attached to the fax a handwritten letter in which the applicant indicates his intention and makes a request to abandon his application for leave to appeal against conviction and sentence.  Today, he has also confirmed that this is his intention.

3.In the circumstances, the application before us today, for leave to appeal against both conviction and sentence, are accordingly dismissed.

Mr Edmond Lee SADPP, of the Department of Justice, for the Respondent

The Applicant, in person