HKSAR v. YIP WING KIU

CACC000519/2001

CACC 519/2001

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CRIMINAL APPEAL NO. 519 OF 2001

(ON APPEAL FROM DCCC 762 OF 2001)

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BETWEEN
HKSAR Respondent
AND
YIP WING-KIU Applicant

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Coram: Hon Mayo VP in Court

Date of Hearing: 21 March 2002

Date of Judgment: 21 March 2002

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J U D G M E N T

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1. The applicant has not raised any substantial grounds of appeal against his conviction. The case against him was a very strong one.Leave to appeal is refused.

2. Similarly no substantial ground has been raised in respect of the sentence of 21/2 years’ imprisonment which has been imposed. Thisapplication is also refused.

3. I would add that all that the applicant is doing at the moment is seeking leave to appeal. It is open to the applicant to proceednotwithstanding the fact that leave has not been granted. But if he does so and the Court of Appeal forms the view that there isno merit in both of the applications, it may order that part of the time which he served will not count towards the sentence he isserving. He should know about that before he proceeds.

(Simon Mayo)
Vice-President

Representation:

Ms Wong Sze-lai, Lily, SGC, of the Department of Justice, for the Respondent

Applicant in person