HKSAR v. Siu Chung Fai

CACC000301/1997

IN THE COURT OF APPEAL

1997, No.301
(Criminal)

-------------------------------

Coram: Hon. Power, V.-P., Mayo, J.A. & Pang, J.

Date of Hearing: 18 November 1997

Date of Judgment: 18 November 1997

----------------------

J U D G M E N T

----------------------

Power, V.-P. (giving the judgment of the Court):

1. In this matter Hawkes D.J. on 5th June 1995 sentenced the applicant on two charges of robbery and one of theft. The sentences were four years on each of the robbery charges and two years on the theft charge and the sentences were ordered to be concurrent. He also ordered that the sentences were to commence from today. The applicant was at that time serving a sentence of imprisonment of 15 months that had been imposed upon him on another robbery charge by a magistrate in Tsuen Wan on 25th May 1995. Clearly the order of Judge Hawkes made the sentences which he was then imposing concurrent with the remainder of the 15 months that the applicant still had to serve on the earlier robbery charge. Confusion seems to have arisen because of a memorandum from the judge's clerk on 22nd June 1995 which wrongly stated that the sentences imposed by Judge Hawkes were to run consecutively to the existing sentences. This was incorrect. This matter should not have been made the subject of an appeal and it would not be appropriate for us to adjudicate upon it as such. We indicate simply that the sentences are to be computed as we have set out above and ask the Commission for Correctional Services to note what we have said.

Representation:

Mr. Derek Pang (D.P.P.) for the Respondent.

Mr. A.C. Macrae assigned by D.L.A. for the Applicant.