WONG KAM-LEUNG v. THE QUEEN

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JUDGMENT

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Sir Alan Huggins, V.-P. :

1. The only point now remaining for our decision is whether the learned single judge was justified in making the order which he did for loss of 60 days because this was a hopeless appeal. Mr. Payne has submitted, on the strength of the English Practice Note of 14th February 1980, that it is wrong, where counsel has advised that there is an arguable point to take before the appellate court and has himself settled and signed grounds of appeal, that the applicant should be penalized for following the advice which he has been given. Mr. Mitchell has not seen it right to oppose this argument and we agree that it would be wrong in those circumstances to penalize an applicant.

2. The same does not apply where the single judge has once refused leave. Then there has to be balanced, against any advice given by counsel that there is a good ground, the view of the judge that there is not, and, if the full court concludes that the appeal was hopeless, then loss of time may well be ordered and may well include the period prior to the order of the single judge.

3. In the present case we set aside the order for loss of time which was made by Mr. Justice Garcia and in the particular circumstances, there having been a point which could properly be taken before this court on the matter of sentence, we are not disposed to order any loss of time in respect of the application for leave to appeal against conviction.

13th July 1982