IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF APPEAL
criminal APPEAL NO. 437 OF 2004
(ON APPEAL FROM DCCC NO. 922 of 2004)
Before: Hon Stuart-Moore VP and Lunn J
Date of Hearing: 13 July 2006
Date of Judgment: 13 July 2006
J U D G M E N T
Stuart-Moore, VP (giving the judgment of the Court):
1. On 30 September 2004, the applicant pleaded guilty before Judge Barnes in the District Court to six offences, all of which wererelated to the fraudulent use of credit cards. The applicant received a sentence of 3½ years’ imprisonment in total, to be servedconsecutively to the 12-month term he was already serving.
2. The applicant sought leave to appeal against sentence. However, on 6 December 2004, the application was formally dismissed afterthe applicant had served a notice of abandonment.
3. Some seventeen months later, the applicant sought the leave of this court to treat his abandonment of the application for leaveto appeal as a nullity. He set out his reasons, in an affirmation dated 8 May 2006, in the following way:
4. Plainly, from the terms of the affirmation, the applicant was well aware of the nature and effect of the document he was signingwhen he abandoned his original application. A mistake, or more often a perceived mistake, as to the prospects of success on appealdoes not make the act of abandonment a nullity. (See: HKSAR v Lai Siu-cheung  1 HKLRD 1 at 11-12).
5. There is no basis for treating the abandonment as a nullity. The application is, therefore, dismissed.
Ms Evena Chan, SADPP, of the Department of Justice, for the Respondent.
The Applicant, in person.