Ng Tat v. The Queen

Case No.CACC 662/1970

Court

Court of Appeal

Date28 Dec 1970

Judge—

Case Document

100%

CACC000662/1970

IN THE SUPREME COURT OF HONG KONG

APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 662 OF 1970

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BETWEEN
	Ng Tat	Appellant
	AND
	The Queen	Respondent

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Coram: Mills-Owens J.

Date of Judgment: 28 December 1970

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JUDGMENT

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1. The appellant was convicted on the following charge:-

	"(A)	Keeping an unlicensed massage establishment:
		Particulars of offence:
		Ng Tat, you are charged that on the 6th day of November, 1970 at Good Luck Hotel, 145-9 Wanchai Road, 2nd floor, in this Colony, you did keep a business specified in the first schedule of the Miscellaneous licences Ordinance to wit, a Massage Establishment, except under and in accordance with a licence issued under this Ordinance by the Commissioner of Police."

He was fined in the sum of $200 and appeals against conviction. As it appears to me, in the state of the evidence, his appeal is bound to succeed; Crown counsel concedes that he finds difficulty in supporting the conviction.

2. Clearly, such a charge involves two elements: (a) that of some continuity (Cf. Dudlev v. Holland (1963) 3 All E.R. 732; and vide the cases cited in Stroud, Vol.2 p.1552(11)); and (b) that of having control of the business as a business (Stroud, loc.cit.). In the present case there was nothing in the evidence to distinguish the appellant's position from that of a mere foki or employee, which he himself said he was, on the occasion of the police raid. Accordingly his appeal is allowed, the conviction quashed and the fine (if paid) ordered to be refunded.

Representation:

Appellant in person.

E. Soh, C.C. for Respondent.

Oral Judgment reduced into writing.