Lo Wang Kay v. The Queen
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CACC000854/1974 IN THE SUPREME COURT OF HONG KONG (APPELLATE JURISDICTION) CRIMINAL APPEAL NO. 854 OF 1974 -----------------
----------------- Coram: Huggins, McMullin & Pickering, JJ. Date of Judgment: 30th January 1975. ----------------- JUDGMENT ----------------- Huggins, J.: 1. This is an application for leave to appeal against a sentence of two years' imprisonment imposed upon a conviction for soliciting a bribe, contrary to s.4(2) of the Prevention of Bribery Ordinance. 2. The Appellant was an Inspector in the Immigration Department. It was part of his duty to interview persons who were illegal immigrants but who were applying for permission to remain within the Colony. He interviewed one applicant and solicited a bribe for the work that he was called upon to do. 3. The learned judge did not have before him medical evidence which has been put before us, which shows that this man suffers from hypertension. He has been treated and has made great improvement, but clearly his position is not entirely stable and even on the evidence of Dr. Stonham he is likely, when undergoing periods of anxiety, to suffer abdominal pain. Nevertheless, medication will keep this condition generally under control. He may have to take drugs for the rest of his life, but that is not anything which is particularly unusual in these days when many diabetics have to do precisely that. However, we think that having regard to the fact that this evidence was not before the learned judge there is justification here for our taking a fresh look at the sentence and, although we do not think that a sentence of two years' imprisonment would in the ordinary way be excessive for this particular offence, we do think that the evidence now before us justifies an interference. 4. The only comparable case of which the judgment has been cited to us as indicating a much lower standard of sentencing in previous cases of a similar kind involved offences under the previous legislation and does not assist us very much, for the whole climate of opinion in relation to corruption cases has changed since the 1960s and a big effort is now being made to stamp out corruption. In addition, the general level of sentencing has perhaps increased since the 1960s. 5. Nevertheless, we think that in all the circumstances, this application being treated as the hearing of the appeal, the appeal should be allowed and a sentence of twelve months' imprisonment should be substituted. We do not think that this is a case for a suspended sentence. 30th January 1975. Representation: |