The Queen v. Chan Kwok-hung

CACC000447/1987

BETWEEN

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Coram: Hon. Yang, V-P, Barker S Power, JJ.A.

Date of hearing: 26th January, 1988.

Date of delivery of judgement: 26th January, 1988.

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J U D G M E N T

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Yang, V-P:

1. The Applicant pleaded not guilty to a charge of theft before Judge Baily in the court below. He was convicted after trial and sentenced to 2½ years imprisonment.

2. He now seeks leave to appeal against that sentence.

3. The facts of the case are simple. On the 22nd July 1986, an employee of China Airlines found at Departure Gate 24 of Kai Tak Airport a wallet. The wallet was found to contain, amongst other things, cash amounting to 10,000. The employee of China Airlines duly handed the wallet with its contents to the Airport Neighbourhood Police Office After documentation was completed, the wallet was kept at that, Police Office pending delivery on the following day to another police office in the same building, namely the Property Office.

4. At 8.45 am on the following day, ie the 23rd, the Applicant came on duty and collected the wallet and took it to the Property Office where he was the Property Officer. It was there that he misappropriated the 10,000 which resulted in the charge he had to face.

5. We note that the trial judge in his Reasons for Verdict quite rightly emphasized that the Applicant4 was in a position of high fiduciary trust as a public servant.

6. A number of authorities have been cited to us in argument, notably Barrick (1985) 7 Cr App Reps (Sentencing) 142, at 145, per the Lord Chief Justice and Temple (1986) 8 Cr App Reps. (Sentencing), 305 at 306-307, per Lord Justice Stephen Brown.

7. Having regard to the authorities cited to us, and particularly having regard to the very small amount stolen, we are of the view that the sentence of 21/2 years imposed was excessive. We would therefore allow the application, treat the hearing as the hearing of appeal and allow the apeal The sentence of 21/2 years is accordingly reduced to one of 12 months.

Representation:

G. Plowman (Alick Au & Massie) for Applicant

I.G. Cross & W.S. Cheung for Crown/Respondent