The Queen v. Chan Hong-nei

HCMA000283/1991

IN THE SUPREME COURT OF HONG KONG

(Appellate Jurisdiction)

MAGISTRACY CRIMINAL APPEAL NO. 283 OF 1991

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BETWEEN

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Coram: Hon. Bewley J. in Court

Dates of hearing: 15 and 24 May 1991

Date of delivery of judgment: 24 May 1991

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JUDGMENT

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1. The appellant pleaded guilty to exercising control over a prostitute contrary to section 138 of the Crimes ordinance and was ordered to be detained in a Training Centre by Miss Chainrai at San Po Kong Magistrates Court.

2. The prostitute was a girl of 16 and the appellant's job was to escort her to assignments. Even though the appellant herself was only 18 at the time, it was a serious offence. It was her first conviction.

3. The magistrate naturally called for reports which indicated that the appellant was herself a prostitute. She had been married but was now separated from her husband who was looking after their child. The appellant had a widowed mother but she seldom returned home.

4. The reports indicated that the appellant showed no motivation to change her life style. Since probation was not recommended and she was suitable for training, the magistrate rightly ordered her to be detained in a Training Centre.

5. She has now been detained for four months. At the request of counsel I called for a further Probation Officer's report, which is much more favourable. The Probation Officer detects genuine remorse and a desire to start life afresh. The appellant's mother is willing to make a last effort to give guidance to her daughter. In these circumstances I believe it worthwhile to give her a chance to benefit from probation.

6. The appeal is allowed. The Training Centre order is set aside and the appellant placed on probation for 18 months with a special condition that she work and reside as directed.

Representation:

Mr Patrick Li, Crown Counsel, for Respondent.

Mr J. McLanachan, assigned by D.L.A., for Appellant.