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Criminal Appeal1975

LEUNG CHI-HUNG v. THE QUEEN

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3056-EN-1975-05-19

LEUNG CHI-HUNG v. THE QUEEN

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CACC000322/1975

 

IN THE SUPREME COURT OF HONG KONG

(APPELLATE JURISDICTION)

 

CRIMINAL APPEAL NO. 115 of 1975

and

CRIMINAL APPEAL NO. 322 of 1975

-----------------

 

BETWEEN:  
 LEUNG Chi-hungAppellant
 and 
 THE QUEENRespondent

Coram: Briggs, C.J. , Huggins & McMullin, JJ.

Date of Judgment: 19th May, 1975.

 

-----------------

JUDGMENT

-----------------

 

1. The appeal of LEUNG Chi-hung, Criminal Appeal No. 115 of 1975, came before the Full Court on the 1st April, 1975. It was an appeal against a sentence of detention in a training centre. At that time we were told that the appellant had been sentenced in another case before a different magistrate to a sentence of two years' police supervision.

2. The facts of each of the two cases are immaterial for the purposes of this judgment. We do not think that it is appropriate that a person who has been ordered to be detained in a training centre should also be subject to an order for police supervision. The reason is obvious. When a detainee in a training centre is released he is subject to a period of supervision by the After-care Section of the training centre in which he has been detained.

3. We thought it right therefore to quash the sentence of two years' police supervision and to substitute therefore an absolute discharge. However, the application of the appellant for leave to appeal in Criminal Appeal No. 115 of 1975 will be dismissed.

 

 

 (Geoffrey Briggs) 
 President. 

 

Representation:

Appellant in person.

Carolan for crown/respondent.