HKSAR v. Chiu Chi Ming

HCMA001072/1997

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

(APPELLATE JURISDICTION)

MAGISTRACY CRIMINAL APPEAL NO. 1072/97

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Coram: The Honourable Madam Justice Beeson in Court

Date of Hearing: 12 February 1998

Date of Judgment: 12 February 1998

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J U D G M E N T

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1. The Defendant appeals against sentences imposed by the Magistrate in respect of two offences one of "Assisting in the management of a vice establishment" and the other "Entering premises under closure order" contrary to Section 153(2)(b) of the Crimes Ordinance.

2. The scale of the operation for which the Appellant was convicted was, and was obviously considered by the Magistrate to be, a serious one, involving, as it did, girls brought in from China for the purposes of sexual services being offered and provided in the course of this business. The Appellant was apparently arrested on the 21st May 1997 at these premises and then arrested again on 20th June. The offence charged is in relation to the arrest of the 20th June and the record does not show that the Magistrate was ever aware that Appellant had been arrested on an earlier occasion, or that he had been charged in respect of that earlier occasion. In any event, the Magistrate treated Appellant as having a clear record and sentenced him only after considering a background report from a Probation Officer. It was urged on this court today that these sentences should be suspended because the Defendant had in effect tendered his resignation after the first arrest and was working out his period of notice when he was arrested on the second occasion.

3. The charge resulting from the first arrest was eventually heard in November 1997 and Appellant was sentenced to 2 months' imprisonment suspended for 12 months and fined $10,000.00. Although normally a first offence of this nature might attract a fine or a short suspended sentence, the Magistrate clearly had in mind the serious nature of this particular operation when he gave an immediate custodial sentence.

4. Having considered the matters raised today including the matter relating to the earlier arrest, I consider that the Magistrate's sentence should not be touched and leave as it is. The sentence of 4 months concurrent on each of the offences is confirmed.

5. The appeal against sentence is dismissed.

Representation:

David Leung, S.G.C., for DPP

Jimmy Kwong, instructed by William Sin & Co. for Appellant