Tang Shun-nin v. The Queen

CACC000988/1975

IN THE SUPREME COURT OF HONG KONG

(APPELLATE JURISDICTION)

CRIMINAL APPEAL NO. 988 OF 1975

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Coram: Briggs, C.J.

Date of Judgment: 13th December, 1975.

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JUDGMENT

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1. The appellant was convicted of being in possession of an offensive weapon in a public place contrary to section 33 of the Public Order Ordinance and sentenced to twelve months' imprisonment. Originally, the appellant appealed only against conviction but, at the hearing of the appeal, counsel, on his behalf, withdrew that appeal. Counsel then asked for leave to appeal against sentence out of time. I granted this and reduced the sentence to one of six months.

2. This was a case in which the appellant was found in possession of a knife which was wrapped in plastic. There was no evidence that he made any attempt to use the knife at the time or immediately before the time he was arrested. He was, at the time of the offence, serving as a police constable in the Marine Police and he will be dismissed from the Force as a result of this conviction.

3. It seems to me that this was a case which did not merit more than the mandatory sentence of six months' imprisonment, so I ordered accordingly.

Representation:

Patrick Woo (F. Chaine & Co.) for appellant.

Miss Kam, C.C., for Crown.