R. v. LAU CHI WAI

IN THE SUPREME COURT OF HONG KONG

(Appellate Jurisdiction)

MAGISTRACY APPEAL NO. 157 of 1994

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J U D G M E N T

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1. The appellant was charged that on 1st November 1993 he stole a bicycle. He pleaded guilty to that charge and as he was at the time in the Training Centre, the magistrate quite properly made a concurrent order that he be detained in the Training Centre in respect of the theft charge.

2. He appealed against the conviction in respect of the offence for which he had first been sentenced to the Training Centre, and that appeal was allowed. It subsequently came to light that on 1st November 1993, he was still detained in the Training Centre and could quite clearly not have committed the offence for which he had been charged. His explanation was that he had simply pleaded guilty to get the matter out of the way.

3. He now applies for leave to appeal out of time in respect of the theft conviction, Mr Cheung for the Crown quite properly concedes the appeal. Accordingly, the appeal is allowed and the conviction is quashed.