Tsoi Yat-hung v. The Queen

CACC001003/1976

Coram: Briggs, C.J.

Date of Judgment: 12th February, 1977.

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JUDGMENT

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1. The appellant was a police constable in the Royal Hong Kong Police Force and he was convicted of the offence of corruptly accepting the sum of $30,000 contrary to section 4(2)(b) of the Prevention of Bribery Ordinance. He was sentenced to 2 ½ years' imprisonment, the six months to be served consecutively to the 2 ½ years. The appellant appealed against both conviction and sentence.

2. There was no merit in his appeal against conviction and I dismissed that appeal.

3. The magistrate made an order that the $30,000 fine should be paid to the Community Chest of Hong Kong. This, with respect, is wrong. The $30,000 was stated by the magistrate to be a fine and there is no power for a magistrate to order that a fine should be paid to the Community Chest. In fact, section 12 of the Ordinance provides for sums of money to be paid by a convicted person, which sums are not fines but are in the nature of a restoration of the advantage received. But even in those cases, the Ordinance states that the money must be paid to the Crown. It is, of course, obvious, that the Community Chest of Hong Kong is not the Crown.

4. So, in the circumstances, I allowed the appeal to the extent only of quashing that part of the order of the magistrate which stated that the $30,000 was to be paid to the Community Chest. It is a fine and, if paid, must be paid to the Government.

Representation:

Appellant in person.

Lucas for the Crown/Respondent.