HKSAR v. NG NIM YIN

CACC 26/1999

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CRIMINAL APPEAL NO. 26 OF 1999

(ON APPEAL FROM DCCC 939/1998)

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J U D G M E N T

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Mayo J.A. (giving the judgment of the Court):

1. The applicant who was 17 pleaded guilty to robbery in the District Court before H. H. Judge Poon and was sentenced to attend a training centre. He now seeks leave to appeal that sentence out of time. No satisfactory reason has been given for the delay. It is however apparent that the application would have no prospect whatever of success if it was proceeded with.

2. The robbery was a serious one. It was a taxi robbery which he undertook with one of his friends. A cutting object was used to threaten the driver. The applicant was apprehended while attempting to escape.

3. In his application the applicant refers to his medical condition and says that he may be unable to fulfil the conditions which are imposed by the relevant legislation.

4. It appears that the only matters which are raised by this applicant relate to complaints made against officers of the training centre and other inmates. No doubt these matters can be considered by the Correctional Services Department in due course. However none of this is apposite to the sentence imposed upon him.

5. It is apparent from the supporting reports which were obtained that this young man is a somewhat apathetic youth who would no doubt benefit from the strict regime of a training centre. Needless to say he was very fortunate not to receive a lengthy custodial sentence for the commission of an offence of this seriousness.

6. There is no merit whatever in this application and leave to proceed with it is denied.