R. v. CHEN WU YONG QING

CACC000361/1995

IN THE COURT OF APPEAL

1995, No.361
(Criminal)

BETWEEN
THE QUEEN
AND
CHEN WU YONG QING

——————————-

Coram: Hon. Yang, C.J. and Power, V.-P.

Date of Hearing: 2 May 1996

Date of Judgment: 2 May 1996

———————-

J U D G M E N T

———————-

Power, V.-P.(giving the judgment of the Court):

1. This applicant was sentenced to imprisonment for four years on one count of theft. He now seeks leave to appeal against that sentenceout of time. The short facts of the matter were that he stole $1.5m from his employer and then sought to flee from the colony beingapprehended at the border at the Lo Wu Control Point. He was sentenced by District Judge Hawkes upon the basis that it was a seriousbreach of trust and that none of the money was recovered.

2. The judge said that the only thing that would be said in his favour was that he had a clear record.

3. The applicant did not originally appeal against sentence but now seeks leave to appeal out of time without advancing any meritoriousreason whatsoever. That application is refused. We add only that we have considered the sentence and that it was a perfectly properone.

(T.L. Yang) (N.P. Power)
Chief Justice Vice-President

Representation:

Mr. Derek Pang, S.C.C. (Crown Prosecutor) for the Respondent.

Applicant in person.