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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CRIMINAL APPEAL NO. 65 OF 1973

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Coram: Pickering, J.

Date: 23^th February, 1973

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CORRECTION

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1.  In these two appeals I reduced sentences imposed for the offence of going equipped for stealing, to six months imprisonment in each case upon the ground that the learned magistrate had exceeded the jurisdiction conferred upon him by s.91 of the Magistrates Ordinance (Cap.227) by imposing a sentence greater than six months.

2.  I was wrong in confusing the powers of a special magistrate under s.91 with those of a permanent magistrate under s.92.

3.  In each case I checked my action, in Court, with an experienced (and different) Crown counsel both of whom agreed that jurisdiction had been exceeded. It is fair to counsel to say that, in each case, my query was addressed to him without any prior notice or warning. The aberration is mine alone and I take full responsibility for it.

4.  I am grateful that no harm was done to either appellant. In the one case he received an undeserved reduction of three months in his sentence. In the other, there was no practical effect upon his total (concurrent) sentences.

5.  For the rest, I beat my breast and apologise to the Magisterial Bench for any confusion which my lapse may have caused amongst them, and to counsel for having misled them.

Both Appellant in person.

S.C.C. for Respondent in Cr. App. No. 22/73

A.P.C.C., for Respondent in Cr. App. No. 65/73