31 Jul 2003
HKSAR v. NG KAI MING
- Citation
- HKSAR v. NG KAI MING
- Court
- Court of Appeal
- Case number
- CACC353/2002
The Court found that section 24 was not relied upon at trial, that defence counsel had effectively advised the applicant of the practical consequences of not testifying, and that the applicant was resolute in denying the charges; therefore the absence of specific reference to s24 did not materially affect his decision to plead not guilty or to refuse to give evidence and did not justify treating him as if he had pleaded guilty for sentencing purposes; accordingly the application for leave to appeal against sentence was dismissed.