Read the full judgment text of CAAR 000005/1980 on BabelCite. This Court of Appeal judgment was delivered on 18 July 1980 before Li, J.A., Power and Barker, J.J..
Criminal law – sentencing – triad society – claiming to be a member of a triad society contrary to s.20(2) of the Societies Ordinance, Cap. 151 – Sun Yee On triad society in Kowloon – respondent claimed membership, followers and imminent promotion – pleaded guilty – magistrate imposed fine of $2,000 relying on 'unofficial but accepted tariff' of non-custodial sentences for first offenders – Attorney General's review application – principles for sentencing triad offenders – whether membership per se or professing/claiming membership is punishable as an offence in itself – whether custodial sentence can be imposed absent proof of specific triad activity – 'unofficial but accepted tariff' for non-custodial sentences disapproved and abandoned – each case to be considered on its own facts – custodial sentence ordinarily required for active members of active triad society – distinction between 'professing' and 'claiming' membership – statements made to undercover agent in mahjong school held to constitute 'claiming' – sentence of fine manifestly inadequate and wrong in principle – double jeopardy practice of Court of Appeal – sentence quashed; fine to be returned; respondent imprisoned for 9 months (reduced from considered appropriate 12 months) with 2 years' police supervision on release.
Legal issues: Appropriate sentencing principles for triad society membership offences · Whether the unofficial non-custodial tariff for first triad offenders should be abandoned · Adequacy of the sentence imposed by the magistrate · Effect of double jeopardy on Court of Appeal sentencing
Outcome: Sentence quashed; custodial sentence imposed on review by Attorney General's application