HKSAR v. Ngai Yuk Ka
Read the full judgment text of HCMA 1082/1999 on BabelCite. This High Court CFI judgment was delivered on 8 December 1999.
1. The appellant was convicted on his own plea by Mr Wyeth, Magistrate at North Kowloon Magistracy, on 17th September 1999 of one count of theft. He was sentenced to training centre and that sentence was expressed by the Magistrate to be consecutive to the sentence then being served by the appellant in a training centre.
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HCMA001082/1999 HCMA1082/1999 IN THE HIGH COURT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION COURT OF FIRST INSTANCE MAGISTRACY APPEAL NO.1082 OF 1999 (On appeal from North Kowloon Magistracy Case No.NKCC 4507 of 1999) -------------
------------- Coram : Hon Gall J. in Court Dates of hearing : 8 December 1999 Date of judgment : 8 December 1999 ----------------------- J U D G M E N T ----------------------- 1. The appellant was convicted on his own plea by Mr Wyeth, Magistrate at North Kowloon Magistracy, on 17th September 1999 of one count of theft. He was sentenced to training centre and that sentence was expressed by the Magistrate to be consecutive to the sentence then being served by the appellant in a training centre. 2. The order made by the Magistrate that he be sentenced to training centre was, in all the circumstances, entirely appropriate. There is, however, no provision in the Training Centres Ordinance for a sentence of training centre to be consecutive to an earlier order that a person be detained in a training centre. 3. Accordingly, this appeal is allowed to the extent that the Magistrate's sentence of consecutive training centre orders is set aside and a sentence of detention in a training centre is imposed in lieu thereof.
Representation: Miss Grace Chan, SGC, for the Respondent/HKSAR Appellant in person |