Lo Yan-ka v. The Queen

Case No.CACC 670/1973

Court

Court of Appeal

Date14 Sep 1973

Judge—

Case Document

100%

CACC000670/1973

IN THE SUPREME COURT OF HONG KONG

(Appellate Jurisdiction)

CRIMINAL APPEAL NO. 670 OF 1973

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BETWEEN
	LO YAN-KA	Appellant
	and
	THE QUEEN	Respondent

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Coram: The Hon. Mr. Justice Morley-John.

Date of Judgment: 14th September, 1973.

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JUDGMENT

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1. The appellant pleaded guilty to the possession of an offensive weapon namely a knife contrary to the provisions of section 17 of the Summary Offences Ordinance and was sentenced to 12 months' imprisonment. He also pleaded guilty to a charge of theft and was sentenced to 1 month's imprisonment, such term of imprisonment to be served consecutive to the sentence of 12 months. He appeals against the sentence of 12 months' imprisonment on the grounds that the sentence was too severe. He has not appealed against the sentence of 1 month.

2. The penalty provided for by S.17 of the Summary Offences Ordinance is a fine of one thousand dollars or to imprisonment for three months and therefore the learned Magistrate had no power to impose a penalty of twelve months' imprisonment for this offence.

3. In his statement of findings the learned Magistrate stated that he had overlooked the fact that the appellant had been charged under the provisions of the Summary Offence Ordinance and not under the provisions of the Public Order Ordinance which latter ordinance provides for a maximum sentence in the case of a person of 21 years age or over of these years.

4. The appellant, who appeared in person merely stated that he had never been given a chance, which was not correct as from his record of previous convictions he has already been bound over for his first offence and placed a probation for his second offence. It is true that these first two offences were not similar to this present offence, however he also has two previous convictions for possession of an offensive weapon in a public place under the provisions of the Public Order Ordinance.

5. Under the circumstances the appeal is allowed to the extent that the sentence of twelve months imposed by the learned Magistrate is reduced to one of three months to run consecutively to the sentence of one month imposed on the theft charge.

14th September, 1973.

	(M. Morley-John)
	Puisne Judge

Representation:

Appellant in person.

Mr. A.M. Niamatullah for Crown.