Wong Shing-chor v. The Queen
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CACC000952/1973 IN THE SUPREME COURT OF HONG KONG (APPELLATE JURISDICTION) CRIMINAL APPEAL NO. 952 OF 1973 -----------------
Coram: Briggs, C.J., Li and Cons, JJ. Date of Judgment: 18th February, 1974. ----------------- JUDGMENT ----------------- 1. In this case, the plaintiff pleaded guilty to three offences: (1) of placing a cargo on board a vessel without the consent of the owner contrary to section 16(1) of the Import and Export Ordinance, (2) of being in possession of three watches which had a forged trade mark namely "SONY" on the dial, contrary to section 3(2) of the Merchandise Marks Ordinance, and (3) of being in possession of seven watches to which a false trade description was applied, namely, "SWISS MOVT" contrary to section 3(2) of the Merchandise Marks Ordinance. He was sentenced to one month's imprisonment upon each of the three offences, the sentences to run concurrently. 2. On the 1st November, 1973 certain Preventive Officers searched the m.v. "Straat Franklin" which was about to leave Hong Kong for West Africa. The appellant was a store attendant on board the vessel. When his cabin was searched it was found that 10 out of 389 watches which were packaged together were watches which had a forged trade mark or a false trade description thereon. He pleaded guilty to these offences. These are very common offences and they are offences which are becoming more common. However, the appellant has a clear record and the number of spurious watches was very small considering the total number of watches that was found in his possession. The court thought that justice would best be served if the appeal was allowed to the extent that a fine was imposed in place of the custodial sentence in each case and, therefore, ordered that the sentences of imprisonment should be quashed and a fine of $200 imposed for each offence, namely, $600 in all with a sentence of two weeks' imprisonment in default in each case, the sentences to be consecutive, if served. Representation: |