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Leung Chi-ming v. The Queen

Read the full judgment text of CACC 179/1976 on BabelCite. This Court of Appeal judgment.

1. The appellant was found guilty of the offence of claiming to be a member of a triad society. He was convicted but given an absolute discharge and the magistrate ordered that no conviction should be recorded.

Case No.CACC 179/1976
Court
Court of Appeal
Date—
Judge—
Case Document
100%Judiciary

CACC000179/1976

IN THE COURT OF APPEAL 1976 No. 179
  ( Criminal )

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BETWEEN:    
  LEUNG Chi-ming Appellant
  and  
  THE QUEEN Respondent

Coram: Briggs, C.J.

Date of Judgment: 20th March, 1976.

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JUDGMENT

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1. The appellant was found guilty of the offence of claiming to be a member of a triad society. He was convicted but given an absolute discharge and the magistrate ordered that no conviction should be recorded.

2. The facts are simple. The appellant, who is a young man aged 18 was arrested by a detective constable because it was suspected that he was connected with a certain robbery case which had occurred in Kwun Tong. When he was being interviewed by the police, in answer to a question he admitted that although he was not a member of a triad society he had claimed to be a member. There was no other evidence against the appellant. The name of the triad society he gave was the 'King Yee' Triad Society.

3. Subject to what follows, in my opinion, on that evidence, the appellant was rightly convicted. Various grounds of appeal were urged on his behalf. It is only necessary to deal with one of them. No evidence was given as to the existence of the 'King Yee' Triad Society. Section 39 of the Magistrates Ordinance, Cap. 151 allows a magistrate to refer to various authorities on triad societies. This was not done in this case and it is for comment that I have been unable to find mention of the 'King Yee' Triad Society in "Triad Society or Heaven and Earth Association" by William Stanton, "Triad Societies in Hong Kong" by W.P. Morgan, or in a recent pamphlet issued in 1974 by the Royal Hong Kong Police. It may well be that a triad society is so notorious that it is unnecessary to have proof that it exists. But this is not so in the present case.

4. I agree with the decision of Mr. Justice Yang in Criminal Appeal No. 937/75, but in the circumstances of this case I think there should have been evidence of the existence of the 'King Yee' Triad Society.

5. Therefore, this appeal is allowed.

  (Geoffrey Briggs)
  Chief Justice.

Representation:

Miss J. Leong (D.L.A.) assigned for appellant.

Sharwood, C.C., for Crown.