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Magistracy Appeal2005

HKSAR v. CHAN SAU CHEUNG

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Files (2)

51727-EN-2006-01-23

HKSAR v. CHAN SAU CHEUNG

HTML content

HCMA 836/2005

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MAGISTRACY APPEAL NO. 836 OF 2005

(ON APPEAL FROM ESCC 1413 OF 2005)

____________

HKSAR
and
CHAN SAU CHEUNG (陳壽祥)Applicant

____________

 

Before: The Honourable Mrs Justice V Bokhary in Court

Date of Hearing : 23 January 2006

Date of Judgment : 23 January 2006

_______________

J U D G M E N T

_______________

 

1.  The Applicant pleaded guilty in the Magistrate’s Court, where he was legally represented, to a charge of theft.  Despite having pleaded guilty, he appealed against his conviction.  When the appeal was called on before me on 21 October 2005 he was in person.

2.  I offered him an adjournment to seek legal representation.  He declined.  So the appeal was heard.  I found no basis on which to accede to the appeal and I therefore dismissed it.

3.  Wishing to appeal to the Court of Final Appeal, he took out an application before me for a certificate that a point of law of great and general importance is involved. 

4.  The application first came on for hearing before me on 4  November 2005.  On that occasion, the Applicant, who was in person, sought an adjournment to seek legal advice.  I granted the adjournment.

5.  The application resumed before me today.  The Applicant appeared in person.  Having heard him, I find no point of law at all involved in this case, let alone one of great or general importance.

6.  The application for a certificate is therefore refused.

 

 

 (V. Bokhary)
Judge of the Court of First Instance
High Court

Applicant in person

Mr W T Chiu, GC of Department of Justice for the Respondent

 

50994-EN-2005-10-21

HKSAR v. CHAN SAU CHEUNG

HTML content

HCMA 836/2005

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MAGISTRACY APPEAL NO. 836 OF 2005

(ON APPEAL FROM ESCC 1413 OF 2005)

____________

BETWEEN

HKSARRespondent
and 
CHAN SAU CHEUNG(陳壽祥)Appellant

____________

 

Before: The Honourable Mrs Justice V Bokhary in Court

Date of Hearing: 21 October 2005

Date of Judgment: 21 October 2005

 

_______________

J U D G M E N T

_______________

 

1.  This Appellant seeks to appeal against a conviction even though he had pleaded guilty and was legally represented at the time of such plea.

2.  In his notice of appeal, he has written this:

“My grounds of appeal are: My mental state then was one of emotional instability.  However, I am now emotionally stable. Therefore, I am making this application.”

3.  I offered the Appellant an adjournment in order for him to seek legal advice and assistance, whether privately or through the Bar Free Legal Service Scheme.  He declined an adjournment and proceeded with his appeal in person.

4.  In his Statement of Findings, the Magistrate said this:

“The Defendant admitted the offence.  He was represented by the Duty Lawyer.  The Defendant showed no sign of emotional or mental instability.  I impose a fine of $500.”

5.  I have listened to the Appellant.  I find no basis on which to accede to this appeal and the appeal is dismissed.

 

 

(V. Bokhary)
Judge of the Court of First Instance
High Court

Appellant in Person

Mr W T Chiu, GC of Department of Justice, for the Respondent