JAILED former Legislative Councillor Gilbert Leung Kam-ho is hoping for a quick appeal against his conviction and three-year jail term. An early appeal could be heard in about three months. Leung was jailed on Tuesday for offering advantages to public servants and bribery. He tried to pay two Regional Councillors for their votes in his bid to get elected to the Legislative Council. Leung, 40, is to appeal on a technical point of law on whether or not the Regional Councillors' right to vote was a personal right or part of their duties as public servants. Philip Dykes, appearing with Peter Wan for Leung, yesterday withdrew an application asking Mr Justice Keith for a certificate to expedite the appeal. Mr Dykes told the judge that when the application was made on Tuesday it was on a point thought suitable but considering it overnight they had decided that it was not necessary. Counsel pointed out that a defendant had a right to the Court of Appeal on a point of law, without even having to seek leave. Only if the appeal was based on the facts of the case or mixed fact and law would the judge have the power to grant a certificate. On the question of bail, the defendant will also have to apply to the Court of Appeal. Notice of appeal will have to be filed within 28 days. The judge had pointed out an anomaly that had been highlighted in this case and he hoped the lawmakers would look into it. Two ordinances were used to prefer charges against Leung - the Prevention of Bribery Ordinance and the Corrupt and Illegal Practices Ordinance. The anomaly was that under the first ordinance, Leung faced a maximum jail term of seven years for offering an advantage to a public servant (Mr Justice Keith ruled that Regional Councillors came under this classification). But under the second ordinance, Leung faced a maximum of one year's imprisonment for electoral bribery. Mr Justice Keith said it was not for him to venture into the arena of public policy, sufficient to highlight the anomaly that exists. Leung was given three-year jail terms for the two offences of offering an advantage to a public servant under the Prevention of Bribery Ordinance and nine months for the bribery offence under the Corrupt and Illegal Practices Ordinance. All terms were ordered to run concurrently, making a total period of three years' imprisonment. Leung was found to have offered advantages to two Regional Councillors, Fung Pak-tai and Cheung Hon-chung, in return for their vote. The judge had excused Leung from attending court yesterday. He is being held in the Lai Chi Kok Reception Centre. His lawyers confirmed that he was not being kept in the hospital wing of the prison. Leung had slumped in his seat when the foreman returned the guilty verdicts. When he was sentenced, the judge said he did not propose to make an order in relation to Leung's profession. He is a chartered surveyor who qualified in England. Mr Justice Keith said he would leave it up to the professional body which Leung belonged to on whether he would have a professional career when he left prison. If his appeal is unsuccessful, he can be expected to be released in mid-1995, if he gets a one-third remission for good behaviour.