NG CHUN-KWAN v. THE QUEEN

CACC000437/1975

 

IN THE SUPREME COURT OF HONG KONG

(APPELLATE JURISDICTION)

 

CRIMINAL APPEAL NO. 437 OF 1975

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BETWEEN:
	NG Chun-kwan	Appellant
	and
	THE QUEEN	Respondent

Coram: Briggs, C.J.

Date of Judgment: 11th June, 1975.

 

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JUDGMENT

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1. The appellant pleaded guilty to being a member of a triad society and was sentenced to be detained in a training centre. The court was told that the appellant joined the Fook Yee Hing Triad Society in July 1973. In March 1974, the appellant was sentenced to be detained in a training centre for the offence of robbery.

2. There is no evidence before the court that the appellant has taken part in any triad activity since he was convicted of robbery. The magistrate took a great deal of care over this case and asked for a probation officer's report. This was not favourable to the appellant. The magistrate stated in his statement of findings that he was reluctant to put the appellant in prison and so he ordered him to be detained in a training centre.

3. With the greatest respect, I do not think that this is a proper sentence to impose in a case of this nature. I therefore allowed the appeal against sentence, quashed the order for detention in a training centre and sentenced the appellant to a term of nine months' imprisonment, which is to be suspended for two years.

 

 

	(Geoffrey Briggs)
	Chief Justice.

 

Representation:

Appellant in person.

Macdougall for crown.