LEUNG WAI WO v. HKSAR

FAMC000009/2000

(Not for Circulation)
FAMC No. 9 of 2000

IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MISCELLANEOUS PROCEEDINGS NO. 9 OF 2000 (CRIMINAL)

(ON APPLICATION FOR LEAVE TO APPEAL

FROM HCMA NO. 825 OF 1999)

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Between:
LEUNG WAI WO Applicant
AND
HONG KONG SPECIAL ADMINISTRATIVE REGION Respondent

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Appeal Committee: Mr Justice Litton PJ, Mr Justice Bokhary PJ and Mr Justice Silke NPJ

Date of Hearing: 26 June 2000

Date of Determination: 26 June 2000

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D E T E R M I N A T I O N

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Mr Justice Litton PJ:

1. This is the determination of the Appeal Committee.

2. The applicant was convicted in July 1999 on a number of criminal charges in the Western Magistracy, sentenced to 2 months’ imprisonmentand disqualified from driving for 2 years. He was also fined. The charges included road racing and driving without third party insurance.The applicant was jointly charged with others.

3. The offences occurred in November 1998, on the south side of Hong Kong island. On the prosecution case there can be no doubt thatthe applicant was guilty as charged. His defence was that he had been innocently caught up in road racing by others, but he did nottestify at his trial.

4. Following his conviction, the applicant appealed to the High Court but his appeal was dismissed by Beeson J in March 2000. His applicationfor leave to appeal to this court was dismissed by the judge.

5. Nothing submitted by the applicant persuades us that this matter should go further.

6. The application for leave to appeal is dismissed.

( Henry Litton ) ( Kemal Bokhary ) ( W J Silke )
Permanent Judge Permanent Judge Non-Permanent Judge

Representation:

Mr Leung Wai Wo, the Applicant, in person

Mr Albert Wong, SGC (of Department of Justice) for the Respondent