The Queen v. Chan Kwok-wan

HCMA001663/1988

IN THE SUPREME COURT OF HONG KONG

(Appellate Jurisdiction)

MAGISTRACY CRIMINAL APPEAL NO. 1663 OF 1988

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BETWEEN

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Coram: Hon. Bewley, J. in Court

Date of hearing: 22 December 1988, 5 January 1989

Date of delivery of judgment: 5 January 1989

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J U D G M E N T

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1. The appellant was convicted of attempted theft by Mr Stretton at Central Magistrates Court and was sentenced to nine months imprisonment. He has abandoned his appeal against conviction.

2. On the face of it, this was a typical example of two men, acting in concert, preying upon unsuspecting women examining clothes at hawker stalls. Evidence was given by two plain clothes police constables that, while his companion waved a newspaper in front of a woman, the appellant inserted his hand into her handbag. When the police officers tapped their shoulders both men turned and ran. The other man escaped.

3. The appellant gave evidence and said he was stopped by the police for a routine identity card check. He was used to this because, as he admits, he looks like an illegal immigrant; he has a very dark complexion and 'wears scruffy clothes. However, he raised objection when one of the officers began to look through his bank savings book. There was an argument and he was arrested. One of the officers said that, even if he failed to frame the appellant, the latter would have to spend money on a lawyer.

4. An unusual feature of the case was that not only did the appellant have no previous convictions of any kind, but he had $250,000 in his savings account I therefore called for a probation officer's report.

5. This reveals that the appellant came to Hong Kong in 1979 from China, where he had been a farm worker. He became an apprentice in an Aberdeen shipyard. He did well and eventually became a supervisor, earning $5,000 odd per month. Although unmarried, he is saving up to buy a flat. His savings account book shows a series of regular deposits since 1981. He has also made occasional purchases of Certificates of Deposit.

6. His employer is anxious to have the appellant back at work; his absence has occasioned a decline in business. Both he and two of his colleagues are amazed and appalled at the appellant's predicament. They have come to court to give him support.

7. The sentence passed by the magistrate was an entirely proper one, even for a first offender, given the prevalence of this offence. But this appellant's circumstances are so far removed from those of the ordinary pickpocket that I consider it justifiable to deal with him on a different basis.

8. The appellant has been in custody since 4th November. The appeal is allowed and the sentence suspended for two years.

Representation:

Miss E. Chan, Crown Counsel, for Respondent

Mr MacKenzie-Ross, instructed by M/s. Lawrence Ong & Chung, for Appellant