HKSAR v. YAU SAI HUNG

HCMA526/2000

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

(Appellate Jurisdiction)

MAGISTRACY APPEAL NO.526 OF 2000

(ON APPEAL FROM TWCC 942 OF 2000)

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J U D G M E N T

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1. The appellant was charged with the offence of (1) criminal damage and (2) claiming to be a member of triad society. He pleaded guilty to the first charge and denied the second. The magistrate convicted him of the second charge after trial. He was sentenced to a total term of 2 months and 28 days. He sought to appeal against the conviction on the claiming charge and the sentence of imprisonment.

2. At the hearing, the appellant informed this court that he wished to abandon both his appeals against conviction and sentence. I had allowed his application to abandon the appeal on conviction.

3. However, in relation to sentence, I took it that the issue of whether the two terms should run concurrently or consecutively should be considered.

4. In the Reasons for Sentence, the magistrate pointed out that the appellant's conduct, that he had tailgated the other car, intercepted it, got off and damaged it with a large hand torch, deserved a term of imprisonment. I would agree with that. The magistrate further pointed out that the appellant's words and deeds were a "package of actions designed to intimidate". On the basis that the claiming and the damage were really part and parcel of the same incident, in principle, a concurrent term would be appropriate. Apart from this matter, the sentence imposed was not excessive.

5. In the circumstances, I would allow the appeal on sentence to the extent that the two terms of imprisonment shall run concurrently, rather than consecutively. Therefore the sentence is 2 months and 2 weeks.