Chow Hok-man v. The Queen

CACC000767/1975

IN THE SUPREME COURT OF HONG KONG

(APPELLATE JURISDICTION)

CRIMINAL APPEAL NO. 767 OF 1975

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Coram: Briggs, C.J.

Date of Judgment: 27th September, 1975.

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JUDGMENT

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1. The appellant pleaded guilty to two charges, one, possession of dangerous drugs and two, possession of arms without a licence. He was sentenced to nine months' imprisonment on the first charge and to six months' imprisonment on the second charge. These sentences were properly ordered to be served consecutively. The magistrate also made an order subjecting the appellant to two years police supervision. At the trial the appellant also pleaded guilty to being a member of a triad society but no sentence was imposed for this offence.

2. The appellant told the court that he was a worker on night shift duty and that the order for police supervision would be a very great hardship to him, for he would be liable to be stopped by any police officer to and from his work at night.

3. This fact was not brought to the attention of the magistrate. In my view, this is not a suitable case for the imposition of a Police Supervision Order and I ordered the order to be rescinded. The sentences of imprisonment are to stand.

4. The appeal against sentences is therefore dismissed save that the order for police supervision is rescinded.

Representation:

Appellant in person

Sharwood, c.c. for Respondent/Crown