The Queen v. Chan Yuk-keung

HCMA000256/1985

IN THE SUPREME COURT OF HONG KONG

(Appellate Jurisdiction)

Magistracy Criminal Appeal No. 256 of 1985

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BETWEEN

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Coram: Hon. Barnes, J.

Date of hearing: 16th April 1985

Date of judgment: 16th April 1985

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JUDGMENT

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1. The Appellant was convicted, after trial, on a charge of possession of dangerous drugs for the purpose of unlawful trafficking, contrary to section 7(1) of the Dangerous Drugs Ordinance. He has appealed against conviction and sentence but I have found no merit in either appeal.

2. Mr. Conlon, who appears for the Crown, has drawn my attention to an order made by the learned magistrate that the Appellant "pay costs to the Prosecution of $1,000 from his cash bail".

3. In his Statement of Findings the learned magistrate said: -

"The Appellant had, in 1984, been "given a chance" by the Court which he had flouted, and had before me run a fabricated defence without merit. I finally therefore considered an award of $1,000 costs to the Prosecution out of the Appellant's cash bail appropriate."

4. As the order, in Mr. Conlon's submission, appears to have been made in order to punish the Appellant for "running a fabricated defence without merit", the Crown does not wish to see it upheld. I agree that the order should be set aside and so orders

Representation:

Mr. Paul Conlon, Crown Counsel for the Crown

Appellant in person