HKSAR v. NGAI YUK KA

HCMA1082/1999

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MAGISTRACY APPEAL NO.1082 OF 1999

(On appeal from North Kowloon Magistracy

Case No.NKCC 4507 of 1999)

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J U D G M E N T

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1. The appellant was convicted on his own plea by Mr Wyeth, Magistrate at North Kowloon Magistracy, on 17th September 1999 of one count of theft. He was sentenced to training centre and that sentence was expressed by the Magistrate to be consecutive to the sentence then being served by the appellant in a training centre.

2. The order made by the Magistrate that he be sentenced to training centre was, in all the circumstances, entirely appropriate. There is, however, no provision in the Training Centres Ordinance for a sentence of training centre to be consecutive to an earlier order that a person be detained in a training centre.

3. Accordingly, this appeal is allowed to the extent that the Magistrate's sentence of consecutive training centre orders is set aside and a sentence of detention in a training centre is imposed in lieu thereof.