Li Wah v. The Queen

CACC000210/1969

IN THE SUPREME COURT OF HONG KONG

APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 210 OF 1969

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Coram: Huggins, J.

Date of Judgment: 28 April 1969

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JUDGMENT

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Huggins,J:

1. In this case the appellant was sentenced to two years' imprisonment concurrent on three charges of robbery with aggravation. In each instance he was alleged to have committed the offence in company with another person and in two of them the culprits used weapons. The appellant has a long record of larcenies and associated crimes and was in fact sentenced to five years' imprisonment for robbery with aggravation and wounding in July of 1965.

2. Before me the appellant has asked for a chance but he has also complained of a police supervision order which he says stands against him. The criminal record form which was before me did not show clearly how this order came to be made although there was some reference to a recommendation for police supervision. When I asked the appellant how his order came to be made he could not tell me but he said that he was not subject to deportation. It now appears, however, that on the 3rd January this year an order was made by the Governor-in-Council under s.31 of the Police Supervision Ordinance on the grounds that the appellant was liable to deportation. The making of that order was an Executive act against which no appeal lies to this court.

3. The sentence of two years' imprisonment on these charges was well merited. Indeed I think the appellant may well be lucky that it was not more. The appeal is dismissed.

28th April, 1969.

Representation:

Applicant in person.

Mr. Evans for Respondent.

Judgment pronounced by Huggins J. in Court.