FUNG PAK KWAI v. THE QUEEN
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CACC000108/1970
IN THE SUPREME COURT OF HONG KONG
(APPELLATE JURISDICTION)
CRIMINAL APPEAL NO. 108 OF 1970
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| BETWEEN | ||
| FUNG PAK KWAI | Appellant | |
AND | ||
| THE QUEEN | Respondent |
Coram: Rigby, C.J.
Date of Judgment: 7 April 1970
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JUDGMENT
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1. The appellant pleaded guilty to a charge of shop-lifting. He was caught in the very act of stealing a jacket from a shop and running away with it. He was sentenced to eight months' imprisonment and he now appeals against that conviction. He was convicted on the 17th January and he has been in prison since that time, serving his sentence, a matter of between two and a half to three months.
2. He has a deplorable record of crimes of dishonesty, and as recently as January, 1969, he was convicted of the very same offence, namely, shop-lifting, and sentenced to twelve months' imprisonment.
3. I can see nothing wrong with this sentence, either in the term of imprisonment imposed or in any suggestion that it was wrong in principle. However, the appellant comes from Macau; his home is in Macau, and his family are in Macau. He has told me that he is anxious to return to Macau if given the opportunity so to do. His wife recently died in Macau and he has two young children there and he tells me that he has no one to look after them.
4. I can see no reason why the Hong Kong tax payer should have to pay for him remaining in the Colony, and it seems to me in everybody's interest that he should return to Macau as soon as possible. I propose, therefore, to allow this appeal, set aside the sentence and in lieu thereof, with the consent of the appellant himself, make an Order binding him over in his own recognizance in the sum of one hundred dollars to be of good behaviour, and appear for sentence any time when called upon during the period of the next two years. I make it a special condition of that Order that he leaves the Colony of Hong Kong within a period of twelve hours as from his discharge, and that he does not set foot on Hong Kong territory at any time within the period of the continuance of this bond, that is to say, within the next two years.
Representation:
Appellant in person.
Winter, C.C. for Crown/Respondent.