HKSAR v. YEUNG TO POON

CACC 261/2001

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CRIMINAL APPEAL NO. 261 OF 2001

(ON APPEAL FROM DCCC 525 OF 2001)

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J U D G M E N T

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1. The sentence which was imposed was in conformity with the tariff laid down in Lau Tak-ming [1990] 2 HKLR 370. There is no reason why any part of the sentence should run concurrently with the possession offence. The applicant accepts that the offences arose out of separate incidents.

2. The application is dismissed.

3. I would point out that the applicant is still entitled to proceed with an appeal notwithstanding the fact that leave has been refused, but if he does so and the Court of Appeal takes the view that I have taken and considers that there is no merit in this application, it will very likely order that some of the time which he served will not count towards his total sentence.