Pun Ying-chau v. The Queen

CACC000140/1979

Coram: Briggs, C.J.

Date of Judgment: 17 February 1979

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JUDGMENT

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1. The appellant pleaded guilty to the offence of desertion from the Royal Hong Kong Police Force contrary to section 28 of the Police Force Ordinance. The maximum sentence for this offence is twelve months' imprisonment. The appellant was sentenced to six months' imprisonment. He appeals against that sentence.

2. In 1975, the appellant was a detective station sergeant in the Criminal Investigation Department at Western Police Station. He was under investigation by the I.C.A.C. and he deserted his post and emigrated to Taiwan. Although he was under investigation, he was in possession of a passport. In January 1979 he voluntarily returned to Hong Kong, having made arrangements to be met by the authorities upon his arrival at Kai Tak. Upon arrival he was immediately arrested and, as I have said, he pleaded guilty to the offence of desertion on January 12th, 1979.

3. Counsel told the court that so far as they can discover, this is the first time that a case brought under this section of the Police Force Ordinance has come before the courts. In May 1975, shortly after the appellant had left for Taiwan, a Board of Inquiry was convened under the Police Force Ordinance and the appellant was "struck off" and "dismissed from" the Force with effect from the 15th April, 1975. This had the result of depriving him of any pension rights that he had earned and it must be noted that he had been a serving officer in the Police Force for 23 years.

4. Counsel for the appellant urged two points in the appellant's favour. One, the appellant voluntarily returned from Taiwan. He is the first of a group of police officers to have fled to Taiwan from Hong Kong after an investigation into their activities here had been commenced. He is also the first of that group to return to Hong Kong. There is no legal machinery existing to enable extradition proceedings to be taken in Taiwan to compel the return of fugitives from justice to Hong Kong. It is obviously very much in the public interest if fugitives from justice do return to this territory, for their presence here will enable the authorities to make further investigations into not only the returning person's own activities, but also the activities of others with whom they may have been connected. It is possible that a person who is an ex police officer and who wishes to return to Hong Kong, will be deterred from so doing if he knows he would face an immediate custodial sentence for desertion upon his arrival. I do not think that the magistrate gave sufficient weight to this aspect of the case.

5. The second point made by counsel is that the appellant has already been punished for desertion in that he has been deprived of his pension rights and dismissal from the Force. This perhaps is a minor point.

6. In the event, I think justice will best be done if the appeal is allowed to the extent that the sentence will be reduced so as to allow the appellant to be released to-day.

Representation:

Corrigan (Shum & Yeung) for appellant.

Alderdice for crown/respondent.