HKSAR v. Wong Fai

CACC000416/1997

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

1997, No.416
(Criminal)

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Coram: Hon. Power, V.-P., Liu & Stuart Moore, JJ.A.

Date of Hearing: 19 December 1997

Date of Judgment: 19 December 1997

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J U D G M E N T

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Power, V.-P. (giving the judgment of the Court):

1. The Applicant in this matter faced two charges - one of burglary and one of remaining in Hong Kong without lawful authority. He pleaded guilty to those charges before Judge Sweeney in the District Court but was not prepared to admit the facts relating to the burglary charges. The judge held a Newton Inquiry to ascertain those facts.

2. It appears that the applicant refused to admit that $500 in cash that was found on him when he was arrested was part of the proceeds of the burglary. The trial judge was satisfied that it was. He said when sentencing:

"I take three years as the starting point for that offence. He would normally be entitled to a one-third discount for the guilty plea. However, by reason of his seemingly obsessive determination to return to China with at least $500 in his pocket, he has insisted on making the prosecution prove exactly what was stolen in full that night."

3. The judge went on to say that he was satisfied the applicant had told a pack of lies in the Newton Inquiry and that he was not prepared to give a full one-third discount. He allowed a 25% discount, reducing the sentence from three years to one of 27 months. Bearing in mind totality, he reduced the normal sentence of 15 months for unlawful remaining to one of nine months and he properly made that consecutive to the sentence on the first charge, making in all a sentence of three years.

4. The applicant in his written statement, and again before us today, continues to maintain that the judge was wrong in his conclusion as to the origin of the money. He says it was not stolen but was given to him by an old lady and asks that we impose a shorter sentence so that he can be reunited with his mother who is sick. The sentences imposed by the trial judge were entirely proper ones. They were carefully calculated and he took into account all material matters. There is no merit of any sort in this application. It is dismissed and the applicant will suffer one month's loss of time.

Representation:

Mr. D.G. Saw, S.C. (D.P.P.) for the Respondent.

Applicant in person.