CFA rejects Superintendent of Police's application for leave to appeal
2006-1-11
The Court of Final Appeal (CFA) today (Wednesday) rejected a Superintendent of Police's application for leave to appeal against his conviction of deceiving $230,000 from financial institutions and acting as a guarantor for a $180,000 loan obtained by frau dulent means.
Philip Cheng Po-yan, 49, was immediately sent to jail to serve the remaining four weeks of his six-week prison term following the CFA ruling.
The application of Cheng was heard before Mr Justice Bokhary, Mr Justice Chan, and Mr Justice Ribeiro.
In dismissing Cheng's application, the CFA ruled that the trial magistrate was right to reject Cheng's explanation for failing to fully disclose his liabilities in the loan application forms concerned.
The CFA did not accept that Cheng had been reckless in failing to disclose his liabilities, but rather, he had done so intentionally.
The CFA also ruled that the prosecution had proved the case beyond reasonable doubt.
The case arose from a corruption complaint. Subsequent ICAC enquiries revealed the deception offences.
In October 2004, Cheng was sentenced to 12 weeks' imprisonment at Eastern Magistracy for deceiving loans from financial institutions. He subsequently lodged an appeal with the Court of First Instance (CFI).
In September 2005, the CFI dismissed Cheng's appeal against his conviction of three charges of obtaining a pecuniary advantage by deception, while allowing his appeal against conviction of three similar charges.
Cheng was originally sentenced to a total of six weeks' imprisonment for the three charges upheld by the CFI. He was then granted bail, pending his appeal to CFA.
The prosecution was today represented by Senior Assistant Director of Public Prosecutions Alex Lee, assisted by ICAC officer Calvin Wong.
Philip Cheng Po-yan, 49, was immediately sent to jail to serve the remaining four weeks of his six-week prison term following the CFA ruling.
The application of Cheng was heard before Mr Justice Bokhary, Mr Justice Chan, and Mr Justice Ribeiro.
In dismissing Cheng's application, the CFA ruled that the trial magistrate was right to reject Cheng's explanation for failing to fully disclose his liabilities in the loan application forms concerned.
The CFA did not accept that Cheng had been reckless in failing to disclose his liabilities, but rather, he had done so intentionally.
The CFA also ruled that the prosecution had proved the case beyond reasonable doubt.
The case arose from a corruption complaint. Subsequent ICAC enquiries revealed the deception offences.
In October 2004, Cheng was sentenced to 12 weeks' imprisonment at Eastern Magistracy for deceiving loans from financial institutions. He subsequently lodged an appeal with the Court of First Instance (CFI).
In September 2005, the CFI dismissed Cheng's appeal against his conviction of three charges of obtaining a pecuniary advantage by deception, while allowing his appeal against conviction of three similar charges.
Cheng was originally sentenced to a total of six weeks' imprisonment for the three charges upheld by the CFI. He was then granted bail, pending his appeal to CFA.
The prosecution was today represented by Senior Assistant Director of Public Prosecutions Alex Lee, assisted by ICAC officer Calvin Wong.