The Queen v. Tsang Chu Keung

CACC000771/1983

BETWEEN

Coram: Jones J.

Date: 27th July, 1983.

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JUDGMENT

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1. On the 2nd June 1983 the appellant was convicted at Fanling Magistracy on a charge of ticket scalping contrary to Section 6(1)(a) of the Places of Public Entertainment Ordinance Cap. 172. He was fined $500 and ordered to pay $250 costs.

2. The appellant appeals against his conviction.

3. During the course of the cross-examination of the arresting police officer, it became apparent that the appellant had made a cautioned statement that amounted to an admission of guilt. However, the appellant alleged that he made the statement because he was threatened. Instead of hearing evidence either by way of a voir dire or by adopting the alternative procedure to determine whether the statement was made voluntarily and ruling thereon, the learned magistrate admitted the statement in evidence. The statement which was not included in the court record was relied upon by the learned magistrate in his findings as a confession to the offence. In view of the material irregularity the conviction must be quashed and the sentence set aside. The fine and costs will be remitted.

4. I do not consider that this is an appropriate case to order a retrial.

Representation:

Appellant in person.

Mr. B.M. Ryan (Legal Department) for Crown/Respondent.