3 Aug 2001
HKSAR v. CHENG CHUN MING
- Citation
- HKSAR v. CHENG CHUN MING
- Court
- Court of Appeal
- Case number
- CACC356/2000
Although the judge erred by commenting adversely and extensively on the applicant's silence, the conviction was supported by ample independent evidence (demeanour, false documents, prior dealings and omissions) so that no miscarriage of justice occurred; accordingly leave to appeal was granted but the proviso under s.83(1) Criminal Procedure Ordinance was applied and the appeal dismissed; the sentence of two years and eight months was not manifestly excessive and leave to appeal sentence was dismissed.