R. v. Sum Kwok Tang

HCMA001262/1996

IN THE SUPREME COURT OF HONG KONG

(Appellate Jurisdiction)

MAGISTRACY APPEAL NO.1262 OF 1996

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Coram : Hon Sears, J. in Court

Date of hearing : 28 November 1996

Date of judgment : 28 November 1996

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J U D G M E N T

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1. This is an appeal against sentence passed by Ms L.K. Loh at the Shatin Magistracy when this young man pleaded guilty to indecent assault.

2. The particulars were that a young clerk, aged 19, was going home after coming from the bus. She came across this appellant and a group of youngsters at the bus terminus. They said they would escort her home but she was annoyed and scolded them. The appellant came forward and patted her on her left breast. She was clothed. They laughed and walked away.

3. This must have been a frightening experience for this young girl and courts have continually said that young women in Hong Kong will always be protected. The assault itself, I do not in any way seek to say that indecent assaults are not harmful to young women, but on the scale of indecent assault, is right at the bottom of the scale. It was indecent because of where he touched her. It seems to have been probably an act of bravado on the appellant's behalf.

4. I do not agree with the magistrate that this is worse than indecent assaults on the MTR where the Court of Appeal has made it clear that deterrent sentences of imprisonment for a first offender can be passed. This is a first offender, and in my judgment the magistrate was under a duty to examine any other punishment that was open to her. I think the appropriate punishment is a financial penalty. I impose a fine of $5,000.

Representation:

Mr John Pickavant, inst'd by M/s Massie & Pickavant, for Appellant

Mr Eddie Sean, S.C.C., for Crown/Respondent