10 Jun 2019
HKSAR v. MUHAMMAD RIZWAN AND OTHERS
- Citation
- [2019] HKCA 643
- Court
- Court of Appeal
- Case number
- CACC232/2015
The Court held that there is no absolute constitutional right to state-funded legal representation at the appellate stage; the 'interests of justice' test (as applied in Fu Yan and Mirchandani) governs grant of legal aid on appeal and may consider merits. Applying that test, Appeal Aid Certificates for D4 and D5 were properly refused. D5's grounds and supplementary evidence were without merit and his conviction was upheld; his appeal was dismissed and the court exercised s83W(1) to order 2 months of custody pending appeal not be reckoned. D4's sentence of 19 years was within the judge's prope…