Man Lau-gun v. The Queen

CACC000349/1975

IN THE SUPREME COURT OF HONG KONG

(APPELLATE JURISDICTION)

CRIMINAL APPEAL NO. 349 OF 1975

-----------------

Coram: Briggs, C.J.

Date of Judgment: 4th June, 1975.

-----------------

JUDGMENT

-----------------

1. The appellant pleaded guilty to the offence of obstruction under the provisions of the Hawker By-laws which are made under the Public Health and Urban Services Ordinance. He was fined $5 and an order was made forfeiting the goods that he was hawking.

2. In the court below he admitted the obstruction and stated that he was about fifteen yards outside the hawker permitted area. He stated that he was not hawking and he protested against the order for forfeiture.

3. At the hearing of the appeal he said that at the time he was arrested he was outside a tailor's shop in which he deposits his goods when he is not hawking. He said that he had loaded his trolley and was going to proceed to a hawker permitted area at the time. The appellant also told the court that the goods in question were worth between $6,000 and $7,000 and were goods in his possession on credit from certain factories.

4. Although this was never mentioned in the court below I felt I could accept that the appellant was being truthful with the court. The tailor's shop, it would seem, is in a hawker prohibited area. I see no reason why a hawker should not deposit his goods in such a shop and I see no reason also why he should not be permitted to pick up the goods from the shop when he wants to hawk and to proceed from there to the hawker permitted area returning to the hawker prohibited area when his day's work was done. This seems to me to be a case which comes within the "Special Reasons" referred to in section 86A(b) of the Public Health and Urban Services Ordinance.

5. I therefore order that the order for forfeiture be quashed and the goods forfeited to be returned to the appellant.

Representation:

Appellant in person.

Stevenson for crown.