HKSAR v. LAU KWUN WING

CACC591/98

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CRIMINAL APPEAL NO. 591 OF 1998

(ON APPEAL FROM DCCC NO. 908 OF 1998)

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J U D G M E N T

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Power, V.-P. (giving the judgment of the Court):

1. This applicant faced charges of robbery and of attempted robbery. These were bad offences which were described by the judge in the following way.

2. The applicant, together with a companion, accosted students, who were then punched and robbed. Before the judge, he complained that would feel a sense of grievance if he was sent to a training centre as he would be receiving the same punishment as the other offender who had committed more offences than he had. The judge pointed out to him that he has to realize that, quite apart from the rehabilitation aspect of the training centre, he was older than the other offender and had a worse criminal record having been before the court on five previous occasions. He had been convicted of five charges of theft and one of breach of a probation order.

3. Judge Chua went on to say:

"His behaviour problem showed up at school. He played truant, his teachers and his mother could not control him. He left school after completing Form 1."

4. She pointed out that he had been put on probation on several occasions but this did not deter him from committing more serious offences.

5. She said finally that he should know that the length of time he spends in training centre is up to him and tht if he applied himself diligently to the courses there, he would be able learn a trade and might be approved for earlier release.

6. He complains before us, as he complained before the judge, that he has been dealt with too severely, particularly as the other offender received the same punishment.

7. There is no merit of any sort in these submissions. He is a persistent offender who was clearly out of control. In our view, the judge had no option but to act as she did making the training centre order which it is hoped will bring home to him the gravity of his conduct. It was a perfectly proper order and the application is dismissed.