HKSAR v. CHEN GUANG DENG

HCMA000184A/2003

HCMA184/2003

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

(Appellate Jurisdiction)

MAGISTRACY APPEAL NO.184 OF 2003

(ON APPEAL FROM TWCC 349 OF 2003)

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BETWEEN
HKSAR Respondent
AND
CHEN GUANG DENG Appellant

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Coram: Hon Jackson J in Court

Date of Hearing: 25 July 2003

Date of Judgment: 25 July 2003

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J U D G M E N T

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1. On 13 February 2003 this appellant and a co-defendant, Ye Ying, pleaded guilty at Tsuen Wan Magistrates Court to an offence of attemptingto obtain services by deception, contrary to section 159G of the Crimes Ordinance, Cap.200 and section 18A(1) of the Theft Ordinance, Cap.210.

2. They were each sentenced to a term of 12 months’ imprisonment against which sentence Ye Ying appealed. I allowed that appeal to theextent that I reduced the sentence of 12 months to one of eight months and, on 5 June 2003, I handed down full reasons for so doing.

3. At the same time, I invited the Director of Legal Aid to bring that matter to the attention of the appellant (who had not, by then,given notice of appeal). It was, I assume, in consequence of that invitation that this appellant appears before me today and I granthim leave to appeal out of time.

4. For precisely the same reasons which I handed down on 5 June, this appeal is also allowed to the extent that the sentence of 12 months’imprisonment must be reduced to one of eight months.

(C.G. Jackson)
Judge of the high court

Representation:

Mr Francis Lo, SADPP of the Department of Justice, for the Respondent

Mr Y.L. Cheung, instructed by the Director of Legal Aid, for the Appellant