HKSAR v. Chan Ying Kit

CACC 163/2005

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CRIMINAL APPEAL NO. 163 OF 2005

(ON APPEAL FROM DCCC NO. 71 OF 2005)

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BETWEEN

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Before:  Hon Stuart-Moore VP, Tang JA and McMahon J in Court

Date of Hearing: 11 January 2006

Date of Judgment: 11 January 2006

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J U D G M E N T

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Hon Tang JA (giving the judgment of the Court):

1.The applicant and Po Chi-man were jointly charged with one count of “conspiracy to steal” and were each sentenced to imprisonment for 28 months.

2.In CACC 163/2005 we allowed Po’s appeal against sentence and reduced his sentence to 2 years.  We also indicated at that time that the applicant should be informed of the result of that appeal so that he could consider applying for leave to appeal against sentence out of time.

3.The applicant has now applied for leave to appeal against sentence out of time.

4.The respondent accepts that the applicant’s situation is not distinguishable, and has rightly conceded that this application should be granted.

5.In the circumstances, we grant leave to appeal against sentence out of time and treating the hearing of the application as the hearing of the appeal, we would reduce the sentence to 2 years.  To this extent, the appeal is allowed.

Mr Derek Lai, SGC, of the Department of Justice, for the Respondent.

Mr Giles Surman, instructed by Director of Legal Aid, for the Applicant.