LAM KIT CHUNG v. THE QUEEN

CACC001102/1977

 

IN THE SUPREME COURT	Criminal Appeal
	1977 No. 1102

 

BETWEEN
	LAM Kit Chung	Appellant
	and
	THE QUEEN	Respondent

Coram: Briggs, C.J.

Date of Judgment: 26th November, 1977.

 

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JUDGMENT

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1. The appellant was found guilty of setting out a heap of sand and a heap of cement on a certain pavement in Connaught Road, Central and sentenced to be fined in the sum of $200. The offence is contrary to section 4(A) of the Summary Offences Ordinance. The Crown did not seek to support the conviction for "setting out" the heap of sand, but they asked the court to exercise its discretion and remit the case to the Magistrates Court to enable the magistrate to consider an amendment of the summons to read that the appellant did, without lawful authority or excuse, "leave" a heap of sand and a heap of cement on the pavement, an offence contrary to the same section.

2. I did not think that this was a proper case to exercise my discretion. The maximum penalty for this offence is imprisonment for three months and a fine of $5,000. It is obvious from the facts of this case and from the way the magistrate considered the matter that it was a trivial offence and it took place as long ago as the 3rd July, 1977. In the event, therefore, I allowed the appeal and set aside the fine which, if paid, must be returned to the appellant.

 

 

	(Geoffrey Briggs)
	Chief Justice.

 

Representation:

R. MAYNE (Deacons) for Appellant

Lindsay for Crown