Cheng Chun Kuen v. The Queen

CACC000587/1969

IN THE SUPREME COURT OF HONG KONG

(APPELLATE JURISDICTION)

CRIMINAL APPEAL NO.587 OF 1969

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Coram: Rigby, S.P.J.

Date of Judgment: 10 September 1969

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JUDGMENT

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1. The appellant was convicted upon two charges preferred against him of being a suspected person found loitering and of possession of instruments fit for an unlawful purpose. He was sentenced to three months' imprisonment on each charge, such sentences to run consecutively.

2. The brief facts of the case were that he was seen behaving in a suspicious manner, and when stopped and searched by the two police officers who so suspected him he was found to have in his possession a rusty old saw and a rusty old pair of scissors.

3. The sentences of 3 months' imprisonment are the maximum sentences that can be imposed in respect of each offence. In my view, in cases of this kind where there are two charges of this nature, to wit, a suspected person found loitering and at the same time he is found in possession of instruments fit for an unlawful purpose, it is appropriate that where sentences of imprisonment are imposed those sentences should run concurrently rather than consecutively.

4. The appeal will, therefore, be allowed to the extent that the sentences, each of 3 months' imprisonment, are to run concurrently and not consecutively.

Representation:

Appellant in person.

Boy. D.D.P.P. for Crown/Respondent.