(Not for Circulation)
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)
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
D E T E R M I N A T I O N
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.
Mr Leung Wai Wo, the Applicant, in person
Mr Albert Wong, SGC (of Department of Justice) for the Respondent