THE QUEEN v. LEUNG SHI KEUNG

IN THE COURT OF APPEAL

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JUDGMENT

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Liu JA:

1. The applicant seeks leave to appeal against his sentence out of time. It is quite unnecessary to consider it in any great detail. It would be beneficial to the applicant if we were to go immediately to the bone of contention in his grounds of appeal, which apparently has caused him considerable anxiety. The applicant is disturbed by his erroneous impression that he is not enjoying the advantage of the period of lawful detention prior to the date of his sentence for computing his period of incarceration. For the purpose of this case, the law says in s. 67A of the Criminal Procedure Ordinance that a prisoner, after sentence, would be entitled to a reduction of the same period of time represented by his previous time in custody as ordered by a court of law. The applicant's custody prior to his sentence was so ordered by a court of law. And therefore he would be entitled, as a matter of law, to have that period taken into account in the computation of his period of incarceration. His anxiety is unfounded. His apprehension of the way in which his sentence is to be calculated is, as I have said, erroneous. Hence the entire exercise would be one in futility as nothing could be made of the complaint in his grounds of appeal were he granted leave to appeal against his sentence out of time. With that explanation given for the benefit of the applicant, it remains for this court to dismiss his application for leave to appeal against sentence out of time.

2. Application dismissed.