IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF APPEAL
CRIMINAL APPEAL NO. 211 OF 2001
(ON APPEAL FROM DCCC 748 of 2000)
Coram: Hon Stock JA in Court
Date of Hearing: 24 April 2002
Date of Judgment: 24 April 2002
J U D G M E N T
Hon Stock JA:
1 Chan Sau-hing: The suggestion by the judge is to the effect that this applicant, who gave evidence for the prosecution, was not forthcoming.My attention has been drawn by prosecuting counsel today to page four of the transcript, where there is a very broad summary of theevidence this applicant gave. It seems to me that this applicant should have leave to appeal against sentence which, I must emphasize,is not to say that she is necessarily going to succeed, but merely that I think it is just that the court should examine her evidenceto see whether indeed it can properly be said that her evidence was of no use at all to the prosecution. I grant leave to appealagainst sentence, and I will order that a transcript of her evidence be provided.
2 Leung Siu Man: I shall grant this applicant leave to appeal against conviction and it follows that the question of sentence willbe determined in the applicant’s favour, should she succeed on conviction. However, if the appeal against conviction is dismissed,I see no prospect of success on the question of sentence, and to that extent, her application for leave to appeal against sentenceis not granted. Should she fail on conviction, she may renew her application in relation to sentence, to the full court.
3 In giving leave on the question of conviction it should not be taken by the applicant as my saying anything at all about the prospectof success. In giving leave, I mean no more than that the case of D16 should have further consideration. Amongst the matters worthyof consideration, I think, are these:
D8 and D16 in person
Ms Vivien Chan, GC of the Department of Justice for the Respondent