Globe Houseware Import Ltd v. The Queen

CACC000291/1979

Coram: Briggs, C.J.

Date of Judgment: 17 April 1979

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JUDGMENT

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1. The appellant company appeared in the person of Madam WAN Chi-fong, who is one of the proprietors of the appellant company. The appellant pleaded guilty to three counts of offering an advantage contrary to section 9(2)(a) of the Prevention of Bribery Ordinance. The company was fined $20,000 in all, that is to say, for the first and third offences $5,000 each, and for the second offence $10,000, making as I say a total of $20,000.

2. The appellant is a wholesale company selling glassware and home appliances and was supplying such goods to Hong Kong Matsuzakaya Department Store since that store opened in 1975. One LAM Kin-sang was employed by that firm and he used to order goods from the appellant. On the three occasions with which we are here concerned, the company paid commissions to Mr. LAM Kin-sang at a figure of about 6% of the total sales. The sums involved in these three counts were about $3,000 in toto.

3. Counsel drew the court's attention to the amount of fines that had been imposed by the magistrates courts in other cases of a similar nature and there is no doubt that the sums imposed in this case were very high. I was told that the capital of the company is $20,000 but it is uncertain whether it is all paid up. I don't think that fact was brought to the attention of the magistrate who tried this case and I don't think he intended to pass a fine which might have the effect of crippling the company's business.

4. In the event, I allowed the appeal to the extent that each of the fines be reduced by 50% making a total of $10,000.

Representation:

Madam WAN Chi- fong for appellant

Duncan for crown