HKSAR v. LEE KWOK HO

HCMA543/99

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

(APPELLATE JURISDICTION)

MAGISTRACY APPEAL NO. 543 OF 1999

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J U D G M E N T

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1. The Appellant, aged 17, was charged with eight counts of theft. He was represented by the Duty Lawyer and he pleaded guilty to the charges in Kwun Tong Magistracy. After the Principal Magistrate had obtained and considered the various reports, he imposed a Probation Order on the Appellant with special conditions. After three months, the Supervising Probation Officer swore an affirmation stating how the Appellant had breached the conditions of the Probation Order. After further consideration, the learned Magistrate set aside the Probation Order and imposed a Training Centre Order.

2. The Appellant now seeks to appeal against such an order.

3. The original facts of the case were quite simple. During his visit to his friend's residence, the Appellant stole a bank card which belonged to his friend. Then, the Appellant used the card to withdraw a total amount of $54,328 from his friend's bank account. He spent all the money before surrendering to the Police.

4. After listening to the mitigation, the learned Magistrate pointed out that it was a very serious offence. I entirely agree with the Magistrate's observation. This is a breach of trust case and the Appellant was very lucky to have been given a Probation Order in the first place. No doubt, the Court had taken into consideration the Appellant's relative young age, clear record and the guilty pleas.

5. However, the Appellant did not seem to appreciate the opportunity and failed to respond to the Probation Order in a positive manner. Based on the Probation Officer's affirmation, the Magistrate obtained further reports on the Appellant. At the end, the recommended Training Centre Order was imposed.

6. Having considered the background of the case and the Reasons for Sentence, I consider that the Magistrate had taken the right course in relation to the sentence. The Order was neither wrong in principle nor manifestly excessive, and he did not commit any error of law in the procedure.

7. I see no ground to interfere with the sentence and I shall therefore dismiss the appeal accordingly.