HKSAR v. Ngai Tai Ming

CACC 239/2019

[2021] HKCA 773

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CRIMINAL APPEAL NO 239 OF 2019

(ON APPEAL FROM DCCC NO 807 OF 2018)

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Before: Hon Zervos JA in Court

Date of Hearing: 26 May 2021

Date of Judgment: 26 May 2021

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C O R R I G E N D U M

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1.  Insert the following paragraph after paragraph 14:

“When I gave the warning of a loss of time order at the hearing of the application, I noted the applicant had served his sentence. As a consequence, it raises the question as to whether the Court of Appeal can invoke the power to order a loss of time and this will depend upon the interpretation of the wording of section 83W (1) of the Criminal Procedure Ordinance, Cap 221, which reads:

“The time during which an appellant is in custody pending the determination of his appeal shall, subject to any direction which the Court of Appeal may give to the contrary, be reckoned as part of the term of any sentence to which he is for the time being subject.”

Under this part of the Ordinance, “sentence” means “in relation to an offence, includes any order made by a court in dealing with an offender, including a hospital order.” ”

Dated this 31^st day of May, 2021.