Lam Wong-fai v. The Queen

CACC000176/1977

Coram: Briggs, C.J.

Date of Judgment: 12th March, 1977.

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JUDGMENT

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1. This is an appeal against a sentence of one year's imprisonment for the offence of attempting to pervert the course of justice contrary to common law. The appellant approached a potential witness in a criminal trial and suggested that he should give his evidence in such a way as to favour the persons who were being tried. The two persons being tried were policemen and the appellant was approached by other police officers on more than one occasion and asked to try to influence the potential witness. The appellant was given a sum of money which he did not pass on to the potential witness.

2. The counsel who appeared on behalf of the appellant relied on two cases: the first is The Queen v. Panayiotou⁽¹⁾ and The Queen v. Sharpe⁽²⁾. These cases dealt with the same offence and give an indication of the scale of punishment which is inflicted by the courts in England. I will not set out the facts of these two cases but they are very much more serious than the facts in the present case and the punishment inflicted was in each case very much less.

3. The magistrate in this case is not to be blamed for passing the sentence that he did because this is a very rare offence and there seems to be no case reported in Hong Kong.

4. In the event, I think the best course to take is to allow the appeal against sentence to the extent that the appellant will be fined the sum of $3,000 or six months' imprisonment in default. The fine to be paid within one week. The sentence of imprisonment passed by the magistrate is set aside.

Representation:

J. Kwong (K.Y. Woo & Co.) for appellant.

Evans for Crown/Respondent.

(1) (1973) 1 W.L.R. 1034.

(2) (1938) 1 All E.R. 48.