Chin King-yin and Another v. The Queen

CACC000499/1978

Coram: Briggs, C.J.

Date of Judgment: 17th June, 1978

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JUDGMENT

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1. The two appellants were each found guilty of claiming to be a member of a triad society. Each was sentenced to be detained in a detention centre. I dismissed their appeals against conviction and I also dismissed the appeal of the first appellant against sentence.

2. Section 4(4) of the Detention Centres Ordinance reads as follows:-

"(4) A court shall not make a detention order against a young offender unless the Commissioner has not earlier than one month before the date of the order informed the court that in his opinion the young offender is suitable for detention and that a place is available for him in a detention centre."

3. The magistrate, in the case of the second appellant, asked for a report as to his suitability for detention in a detention centre. This was received on the 14th April and it stated that he was not suitable. The second appellant was examined by a psychiatrist and as a result of his findings a second report was submitted to the court by the Commissioner of Prisons. This stated that the second appellant was suitable for detention in a detention centre. The date of the report is the 18th May. The court, however, had sentenced the second appellant on the 1st May.

4. The provisions of section 4(4) of the Detention Centres Ordinance are mandatory. The appeal of the second appellant against sentence must be allowed to the extent that the period of detention in the detention centre will run from the date of the report which accepts the second appellant, namely May 18th, 1978.

Representation:

Appellant in person

Alderdice for the Crown/Respondent