Tam Hong-sum v. The Queen

CACC000864/1978

IN THE SUPREME COURT OF HONG KONG

(Appellate Jurisdiction)

CRIMINAL APPEAL NO. 864 OF 1978

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Coram: O'Connor, J.

Date of Judgment: 22nd September 1978

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JUDGMENT

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1. The appellant was convicted on his plea to loitering contrary to section 26(a) of Cap. 228. He admitted the facts which showed that when apprehended by police and interrogated 'he was unable to give a satisfactory account of his behaviour'. I would remark that at the stage the matter comes before the Court its for Court to decide whether he could give a satisfactory account and the Court should be informed what account he did give, if he gave any. When taking plea on such a charge the defendant should be specifically asked did he or could he give a satisfactory account and his reply should be recorded in his own words.

2. In the instant case at the mitigation stage the appellant said 'I was waiting for someone'. That clearly might have been a satisfactory account and the matter should have then been dealt with on the basis that the plea already entered was not unequivocal. Accordingly I allow the appeal against conviction and set aside the sentence. I send the case back for plea to be retaken.

Representation:

Appellant in person.

I.H.Polson for Crown/Respondent.