The Queen v. Wong Kam Lung

HCMA000713/1985

IN THE SUPREME COURT OF HONG KONG

(Appellate Jurisdiction)

MAGISTRACY CRIMINAL APPEAL NO. 713 OF 1985

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Coram: Hon. Nazareth, J.

Date of Hearing: 6th September 1985

Date of Delivery of Judgment: 9th September 1985

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JUDGMENT

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1. The trial magistrate obviously approached the matter of sentence in this case with great care. I accept his implicit view that 6 months imprisonment would ordinarily be appropriate, and that if there were an aggravating factor, for instance the involvement of young people as customers or prostitutes, as in this case, a somewhat longer term might be called for. Accordingly the sentence of 9 months imprisonment would not of itself appear to be manifestly excessive.

2. However, it is combined with a fine of $5,000 which represents the applicant's salary for 2 months. In receiving a salary of $2,500 per month for the hours he worked as an employee and apparently nothing more, I do not think the appellant can be said to have been making large profits out of vice. In all the circumstances of this case including the appellant's apparent record, the absence of relevant convictions, and his ready admission of his role both to the Police and at his trial, I think the sentence is manifestly excessive. I propose therefore to reduce the term of imprisonment from 9 months to 6 months, while leaving the fine of $5,000 to stand. I accordingly allow the appeal and so order.

Representation:

Mr. T.R.W. Jenkyn-Jones Crown Counsel for DPP

The appellant in person.