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Criminal Appeal1997

HKSAR v. TANG PO WA

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1745-EN-1997-09-19

HKSAR v. TANG PO WA

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CACC000201/1997

IN THE COURT OF APPEAL

1997, No. 201
(Criminal)

______________

BETWEEN
HKSARRespondent
AND
TANG PO WAApplicant

______________

 

Coram: Hon. Power, Ag. Chief Judge, H.C., Mayo J.A. and Bokhary, J. in Court

Date of hearing: 19 September 1997

Date of judgment: 19 September 1997

______________

J U D G M E N T

______________

 

Mayo, J.A. (giving the judgment of the Court):

1. The Applicant seeks leave to appeal against his conviction for burglary. At his trial before Judge Jackson he pleaded guilty to the offence and was sentenced to 18 months which was ordered to be served consecutively to another sentence imposed upon him. In his application he states that he was misled and pleaded guilty under a "delusion". He was legally represented at his trial.

2. According to the agreed facts he was caught flagrante delicto by the victim and a police officer. He had broken into a bar at Fanling at night. The owner of the bar heard movements inside and summoned the police. The Applicant was on the premises when the police arrived and admitted stealing after being administered a caution.

3. Before us, he said that the reason why he instructed his counsel to plead guilty was that he thought it was a minor matter. This Application is entirely without merit and is dismissed.

(N. P. Power)
Ag. Chief Judge
(Simon Mayo)
Justice of Appeal
(Verina Bokhary)
Judge of the
Court of First Instance

Representation:

Mr Edmond Lee (D.P.P.) for Respondent

Tang Po Wa, Applicant in person