HKSAR v. NG SIU CHAU

CACC000118A/1998

CACC118/1998

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CRIMINAL APPEAL NO. 118 OF 1998

BETWEEN
HKSAR Respondent
AND
NG SIU CHAU Applicant

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Coram: Hon. Nazareth, V.-P., Mayo and Stuart-Moore, JJ.A. in Court

Date of hearing: 10 March 1999

Date of delivery of judgment: 10 March 1999

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J U D G M E N T

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Mayo J.A. (giving the judgment of the Court):

Sentence

1. We have dealt with the facts in our judgments on the application for leave to appeal against convictions. When he passed sentencethe Judge referred to the very large amounts of money which were being offered to these young men and the considerable temptationthis would have constituted. He was also mindful of the fraud that it was proposed should be practised on the racing community atlarge. He considered that 3 years was an appropriate starting point for each of these offences and 4 years taking into account thetotality principle. In the event he gave the Applicant 6 months credit for his good character. He passed sentences of 2 1/2 yearsfor each offence and made one year of the sentences consecutive to the others so as to arrive at the final result.

2. Having regard to the serious implications of the scheme and the large amount of the reward he was offering and the vulnerabilityof the apprentices we do not think that it can be said that these sentences were in any way excessive.

3. Even though this was in the nature of an attempt it would have had far reaching implications had it succeeded. That being the casean element of deterrence was required. This application is also dismissed.

(G.P. Nazareth) (Simon Mayo) (M. Stuart-Moore)
Vice-President Justice of Appeal Justice of Appeal

Representation:

Mr John Reading, S.A.D.P.P. (D.P.P.) for Respondent

Mr. Ching Y. Wong, S.C. & Mr. Michael Poll instructed by M/S Kong Wan So & Cheng for Applicant