Hui Kin-kwok v. The Queen

CACC000867/1982

IN THE SUPREME COURT OF HONG KONG

(Appellate Jurisdiction)

CRIMINAL APPEAL NO. 867 OF 1982

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Between

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Coram: Penlington, J. in Court

Date: 1 October 1982

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JUDGMENT

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1. The facts of the case were agreed. The Appellant was being tried for robbery in the Supreme Court Annexe. It seems that the food supplied, which was plain congee, caused the Appellant to feel ill and while he was waiting in a High Court Cell before being escorted back to Stanley Prison, he approached a Correctional Services Department Officer and offered him a gold finger-ring if the officer would supply him with special food during the hearing of the case. The officer agreed to do so and the appellant gave him the ring.

2. The following day the same officer was responsible for escorting the Appellant back to Court but he did not produce the special food as he had promised. The Appellant on his return to the Stanley Prison at the evening complained to the Security Officer about the matter.

3. The Appellant, who was subsequently acquitted of the robbery, has been co-operative with the Police and has undertaken to be a witness for the Crown in the prosecution of the officer concerned. The Appellant was sentenced to four months' imprisonment.

4. I think that the circumstances of this particular case are exceptional. It is agreed that the prison food being supplied to the Appellant at the Court did cause him distress and while of course he could have made an official complaint to the authorities the appellant's conduct was perhaps understandable, in order to get food which would not cause him distress. Under the very particular circumstances of this case I decided that the appeal should be allowed and the sentence reduced so as to enable the Appellant's release today. He has already been in custody for a period of some six weeks.

Representation:

Mr.K.Oderberg C.C. for the Crowns

Appellant' in -person