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4. Barrister Mark Sutherland of Counsel appeared for the applicant as his lawyer at trial and again on the appeal. He then made application for a certificate for leave to refer a total of 14 questions, 13 in regard to conviction and one in regard to sentence, to the Court of Final Appeal pursuant to the provisions of s 32(2) of the Court of Final Appeal Ordinance, Cap 484, asserting that each of those questions constitutes "... a point of law of great and general importance... involved in the decision..." on appeal.
5. This application was listed for a 30 minute hearing on 21 February 2013 at 09.30. When it did commence, belatedly, counsel sought to hand in a bundle of authorities which had not previously been served on the respondent or filed in court. A jury trial had been set to resume at 10.00 that morning. It was perfectly plain, despite counsel’s expressed belief to the contrary that it would finish in time, that the matter would not permit of the timeous resumption of the jury trial. It was accordingly adjourned to today with an order that any submissions and authorities be filed and served on or before 1 March.
10. None of the questions was a question of law; none was of great importance; none was of general importance; more particularly none was of great and general importance.
11. The application was consequently dismissed.
12.Presenting entirely unmeritorious appeals or applications in this fashion is unacceptable. It does nothing to further the interests of an accused person; the interests of justice; the interests of the courts; the interests of the community as a whole. That these proceedings have been funded by the general public via either the Duty Lawyer Scheme at trial or the Department of Legal Aid in respect of the appeal and of this application is a matter for real concern. I direct that a copy of this decision be referred to the Director of Legal Aid.
Ms WONG Kam Hing, SADPP of Department of Justice, for the Respondent
Barrister Mark Sutherland of Counsel and Lawyer, instructed by Department of Legal Aid, for the Appellant
HCMA 357/2012
Before: Deputy High Court Judge Wright in Court
Dates of Hearing and Decision: 21 February and 6 March 2013
Date of Handing Down Reasons for Decision: 8 March 2013
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REASONS FOR DECISION
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4. Barrister Mark Sutherland of Counsel appeared for the applicant as his lawyer at trial and again on the appeal. He then made application for a certificate for leave to refer a total of 14 questions, 13 in regard to conviction and one in regard to sentence, to the Court of Final Appeal pursuant to the provisions of s 32(2) of the Court of Final Appeal Ordinance, Cap 484, asserting that each of those questions constitutes "... a point of law of great and general importance... involved in the decision..." on appeal.
5. This application was listed for a 30 minute hearing on 21 February 2013 at 09.30. When it did commence, belatedly, counsel sought to hand in a bundle of authorities which had not previously been served on the respondent or filed in court. A jury trial had been set to resume at 10.00 that morning. It was perfectly plain, despite counsel’s expressed belief to the contrary that it would finish in time, that the matter would not permit of the timeous resumption of the jury trial. It was accordingly adjourned to today with an order that any submissions and authorities be filed and served on or before 1 March.
10. None of the questions was a question of law; none was of great importance; none was of general importance; more particularly none was of great and general importance.
11. The application was consequently dismissed.
12.Presenting entirely unmeritorious appeals or applications in this fashion is unacceptable. It does nothing to further the interests of an accused person; the interests of justice; the interests of the courts; the interests of the community as a whole. That these proceedings have been funded by the general public via either the Duty Lawyer Scheme at trial or the Department of Legal Aid in respect of the appeal and of this application is a matter for real concern. I direct that a copy of this decision be referred to the Director of Legal Aid.
| (A R Wright) Deputy High Court Judge |
Ms WONG Kam Hing, SADPP of Department of Justice, for the Respondent
Barrister Mark Sutherland of Counsel and Lawyer, instructed by Department of Legal Aid, for the Appellant
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