The Queen v. Ng Wai-man

HCMA000259/1989

IN THE SUPREME COURT OF HONG KONG

(Appellate Jurisdiction)

MAGISTRACY APPEAL No. 259 OF 1909

BETWEEN

Coram: de Basto, J.

Date of Hearing: 14 July 1989

Date of Judgment: 14 July 1989

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J U D G M E N T

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1. On the 10th of November, 1988 the appellant pleaded guilty to four charges of false accounting and was fined $3,000 on each charge.

2. On 29th November of last year the appellant applied for a review at the end of which the magistrate reduced the fines to $1,000 on each charge thus reducing the fines from $12,000 to $4,000.

3. Apparently an ICAC Officer was not present during that review and so there was a second review on the 14th December year at which the magistrate set aside the reduction to $1,000 on each charge.

4. On 21st December of last year he heard the facts again and on the first two charges he fined the appellant $3,000 each, and on the second two charges, $1,000 each making a total of $8,000.

5. The appellant was legally represented throughout. She feels aggrieved.

6. In the very unusual circumstances of this case, and I emphasise that, I uphold the appeal and set aside the fines on Charges A and B and reduce them from $3,000 to $1,000 on each charge.

Representation:

Miss Crebbin, Senior Crown Counsel for Crowd.

Mr. Richard WONG assigned by D.L.A. for appellant.