R. v. Chan Tai Hoi

HCMA001189/1995

IN THE SUPREME COURT OF HONG KONG

(Appellate Jurisdiction)

MAGISTRACY APPEAL
NO. 1189 OF 1995

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Coram : Hon. Duffy, J. in Court

Date of hearing : 17 January 1996

Date of delivery of judgment : 25 January 1996

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J U D G M E N T

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Duffy, J.:

1. This was an appeal against a sentence of a fine of $640 for illegal parking. When the appellant received the demand note from the Commissioner of Police, the address given for the offence was incomplete and incomprehensible. The appellant went to court and pleaded guilty once the Magistrate had appropriately amended the charge. The learned Magistrate went on to say this :

"The Appellant was trying to play tricks on the wording of the location of the offence. The Appellant's allegation in Court was unmeritorious, if not vexatious and frivolous, and therefore I ordered the appellant to pay the fixed penalty of $320.- together with an additional penalty equal to the amount of the fixed penalty, a mandatory sentence by virtue of Section 20(3) of Cap.237."

2. This, in my view, was unreasonable, having regard to the fact that the address for the offence mentioned on the demand note was totally incomprehensible. I therefore reduced the fine to the fixed penalty fine of $320.

Representation:

Mr J.W. Dick, SCC, for Crown

Appellant Chan Tai Hoi in person