HKSAR v. Ma Tak Shing

HCMA000491/1998

HCMA491/98

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

(Appellate Jurisdiction)

MAGISTRACY APPEAL NO. 491 OF 1998

(On appeal from NKC 1105 of 1998)

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Coram : Deputy Judge Muttrie in Court

Date of hearing : 8 October 1998

Date of judgment: 8 October 1998

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JUDGMENT

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1. In this case I have read the transcript of the trial before the magistrate and I have read the magistrate's reasons for verdict and it is quite clear that there is no ground on which the magistrate's decision to convict can be faulted.

2. With regard to sentence the magistrate considered two decided cases, one of them being the case of CHAN Wing-cheong which has been cited now by counsel for the respondent, and it is clear from that case that a sentence of 3 years after trial for the offence of blackmail of this type, that is threatening a shop owner, is not manifestly excessive. The magistrate in arriving at sentence took this into account.

3. He took into account the fact that the defendant did not have the advantage of a clear record or a guilty plea, and he further noted that the defendant was somewhat fortunate in the prosecutor's choice of venue. What he meant, I think, was that he would have expected a case of this nature to go to the District Court and I would agree with that. So I cannot see that the sentence is in any way excessive given the nature of the offence, and accordingly the appeal against conviction and sentence has to be dismissed.

Representation:

Mr Paul HO, Senior Government Counsel, for HKSAR

Mr MA Tak-shing, Appellant, in person