HKSAR v. CHOW YIU KWONG

CACC000355/1999

CACC 355/1999

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CRIMINAL APPEAL NO. 355 OF 1999

(ON APPEAL FROM DCCC 639/1998)

BETWEEN
HKSAR Respondent
AND
CHOW YIU KWONG Applicant

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Coram: Hon. Stuart-Moore, V.-P. and Mayo, J.A. in Court

Date of hearing: 6 October 1999

Date of delivery of judgment: 6 October 1999

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J U D G M E N T

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Mayo J.A. (giving the judgment of the Court):

1. The Applicant pleaded guilty to three counts of obtaining a pecuniary advantage by deception in the District Court before H.H. JudgePoon. He was sentenced to a total of 2 years imprisonment. He now seeks leave to appeal against sentences imposed out of time.

2. The reason given for not lodging the appeal timeously is that:

“I was at a loss after the sentence was imposed. Later, it occurred to me that the Judge, when sentencing, did not consider the factthat I had returned the goods to the victim. Thus I feel that the sentence is too heavy. I request for an appeal against sentence.”

3. Needless to say this is not a valid or justifiable excuse.

4. So far as the merits of the application are concerned it is devoid of any merit. The three transactions in question related to thehire purchase of a tractor and two trailers. The total purchase price of these amounted to $900,000. It has to be said that whenapplying for the hire purchase agreement, the Applicant produced a forged document and his brother’s identity card. Little creditcould be given to the fact that the items were returned to the victim. It goes without saying that the title to the items never passedto the Applicant and it would have been open to them to re-possess them.

5. As we have said there is no merit whatever in this application. In all the circumstances the sentences imposed were lenient sentences.The application is dismissed and we order that 3 months of the time which the Applicant has spent in custody will not count towardsthe sentence he serves.

(M. Stuart-Moore) (Simon Mayo)
Vice-President Justice of Appeal

Representation:

Ms Chan Fung-shan, Denise, S.G.C. (D.P.P.) for Respondent

Chow Yiu-kwong, Applicant in person