Cheung Tai v. The Queen

IN THE SUPREME COURT OF HONG KONG

(APPELLATE JURISDICTION)

CRIMINAL APPEAL NO. 234 OF 1973

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JUDGMENT

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1.  The Appellant is appealing against sentences of three months’ imprisonment for being a suspected person loitering with intent to commit an arrestable offence and nine months’ imprisonment concurrent for going equipped for stealing. The Appellant was seen going round a number of motor vehicles and, when searched, was found to be carrying a screw-driver.

2.  Counsel for the Crown has at the outset conceded that I am bound by the decision in NG Chun-ting v. Reg. Cr. App. No. 731 of 1972 and that I must reduce the nine months’ imprisonment to three months’ imprisonment on the second charge.  I have no alternative but to make that order.  The Appellant does not seek any other order and the appeal is allowed accordingly. 

25th April 1973.