Tsang Ching-on v. The Queen

CACC000368/1977

Coram: Briggs, C.J.

Date of Judgment: 3rd June, 1977.

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JUDGMENT

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1. The appellant, a youth aged 17 years, pleaded guilty to the offence of causing wasteful employment of the Police contrary to section 91(2) of the Criminal Procedure Ordinance. A conviction was recorded and he was placed on probation for twelve months.

2. It appears from the findings of the magistrate that he would have liked to have recorded no conviction and to have made a probation order. He considered that he was unable to do this in law. Unfortunately, the provisions of section 3 of the Probation of Offenders Ordinance, Cap. 298 was not drawn to the magistrate's attention. That section does permit the course that he would have liked to have pursued.

3. In the event, I allowed this appeal to the extent that no conviction would be recorded against the appellant, but the probation order is to stand.

Representation:

Appellant in person.

Hodge for crown.