HKSAR v. LAU HOI SANG

IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF APPEAL

1998, No.228
(Criminal)

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J U D G M E N T

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

1. In this matter the applicant seeks leave to appeal against sentence out of time. He appears to be under the impression that he received a sentence of only 12 months from the trial judge. This is not correct. He was sentenced for attempted robbery, possession of an offensive weapon in a public place and remaining in Hong Kong without authority. The sentences on those charges were 18 months on the first, 12 months on the second and 15 months on the third. He also at that time had hanging over his head a suspended sentence of 12 months. Perhaps that is the sentence which he has in mind. The judge ordered that to be activated, which meant that the sentencing started off with a 12-months activated sentence. The judge then ordered that the sentence on the remaining without authority charge of 15 months be consecutive to that 12 months. The running total was then 27 months. The sentences on the attempted robbery and the possession of an offensive weapon the judge ordered to be concurrent with each other but he ordered that 15 months of the concurrent sentences was to be consecutive to the 27 months already imposed. That made a total of 42 months, i.e. 3 years and 6 months. That was the overall sentence imposed upon him by Judge Livesy when she sentenced on 6th March 1998.

2. There is nothing of any merit in this out of time application. It stands dismissed.