HKSAR v. Lui Wing Cheung

HCMA 623/2008

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MAGISTRACY APPEAL NO. 623 OF 2008

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Before: Hon Wright J.

Date of Hearing: 8 May 2009

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CORRIGENDUM

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1.Regrettably, at the time of allowing the appellant’s appeals against sentence on Charges 1 and 4 and imposing fines in lieu of periods on imprisonment, I transposed the maximum fines payable under the respective Ordinances. As a result, the fine I imposed on Charge 1 , whilst competent under the Pharmacy and Poisons Ordinance, Cap. 138, exceeded the maximum fine for the offence, which had been committed under the Prisons Ordinance, Cap. 234.

2.Unfortunately this was not drawn to my attention until after the appellant and all counsel had departed. It has therefore been necessary to reconvene today: I am grateful to Mr McCoy SC for the appellant who have indicated that they appear on a pro amico basis today.

3.The fine I indicated is, consequently, a sentence unknown to law. In respect of Charge 1 the appellant is to pay a fine of $1,000.00. 

Mr Jonathan Man, SPP, the Department of Justice, for the HKSAR

Mr G J X McCoy SC inst’d by Messrs. Chan, Lau & Wai, for the appellant