HKSAR v. Chung Shui Tai

HCMA001278/2001

HCMA 1278/2001

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

APPELLATE JURISDICTION

MAGISTRACY APPEAL NO. 1278 OF 2001

(ON APPEAL FROM TWCC 2504/2001)

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Coram: Hon Jackson J in Court

Date of Hearing: 30 October 2002

Date of Judgment: 30 October 2002

Date of Handing Down Reasons: 1 November 2002

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J U D G M E N T

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1.On 8 November 2001, the appellant was convicted after trial at Tsuen Wan Magistrates Court of an offence of dealing with goods to which the Dutiable Commodities Ordinance applies. The goods in question were 536 litres of light diesel oil.

2.On 22 November 2001, the appellant was sentenced to a term of 3 months imprisonment. He appealed only against his conviction.

3.On 30 October 2002, I allowed the appeal upon one ground and ordered that the case be remitted to the Tsuen Wan Magistracy for a trial 'de novo'.

4.The ground of appeal to which I refer related to the quality of the advice given to the appellant by his solicitor at trial concerning the question of whether or not the appellant should give evidence in his own defence.

5.I have put into writing my reasons in full for my decision to allow the appeal but, given that in my judgment I make findings upon evidence that was before me which findings concern the appellant and his solicitor at trial, I do not consider that it would be appropriate for that judgment to be circulated until after the conclusion of the new trial.

Representation:

Ms Irene Poon, GC, of Department of Justice, for the Respondent

Mr William Allan, instructed by Messrs Louis K Y Pau & Co., for the Appellant