Fung Keung Kwok v. The Queen

IN THE SUPREME COURT OF HONG KONG

(APPELLATE JURISDICTION)

CRIMINAL APPEAL NO. 22 OF 1973

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Coram: Pickering, J.

Date: 12^th February, 1973

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JUDGMENT

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1.  The appellant was convicted of loitering at night contrary to s.26A of the Summary Offences Ordinance (Cap.228) and of going equipped for stealing contrary to the Theft Ordinance (No.21 of 1970 s.27). He was sentenced to three months imprisonment on the first charge and to nine months on the second charge, both sentences to run concurrently. The learned magistrate’s powers of sentence on the second charge being limited, by virtue of 2.91 of the Magistrates Ordinance (Cap.227) to a sentence of imprisonment of six months, it follows that the appeal must succeed in relation to the second charge and the sentence of nine months imprisonment upon that charge will be reduced to one of six months. Having regard to the appellant’s record, which includes three offences similar to that in the first charge and three similar to that in the second, there is no justification for any further reduction in his sentences.

Appellant in person.

Duckett, S.C.C. for Respondent.