R. v. LAU CHI WAI

HCMA000157/1994

IN THE SUPREME COURT OF HONG KONG

(Appellate Jurisdiction)

MAGISTRACY APPEAL NO. 157 of 1994

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BETWEEN
THE QUEEN Respondent
AND
LAU CHI WAI Appellant

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Coram : Hon Ryan, J. in Court

Date of hearing :15 February 1995

Date of judgment : 15 February 1995

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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 timein the Training Centre, the magistrate quite properly made a concurrent order that he be detained in the Training Centre in respectof 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 thatappeal was allowed. It subsequently came to light that on 1st November 1993, he was still detained in the Training Centre and couldquite clearly not have committed the offence for which he had been charged. His explanation was that he had simply pleaded guiltyto 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 concedesthe appeal. Accordingly, the appeal is allowed and the conviction is quashed.

(T.J. Ryan)
Judge of the High Court

Representation:

Mr W.S. Cheung for Crown

Mr Andy Hung, inst’d by D.L.A., for Appellant