LIU SHUK HAN v. THE QUEEN

CACC001287/1977

 

IN THE SUPREME COURT
	Criminal Appeal
	1977 No. 1287

 

BETWEEN
	LIU SHUK HAN	Appellant
	and
	THE QUEEN	Respondent

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Coram: Trainor, J.

Date of Judgment: 29 December, 1977.

 

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JUDGMENT

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1. LIU Shuk-han was convicted in the magistrate's court for the offence of keeping a brothel. The magistrate, on convicting the appellant on her plea of guilty, took into consideration the fact that she had previously been convicted of keeping an unlicensed massage parlour and said in his reasons for the penalties he imposed that the previous conviction showed she had a predisposition to become involved in "commercialised sexual activities". By reason of that, he said, he was prompted to impose the penalties he did. The penalties were a fine of $1,000 and imprisonment for three months, the term of imprisonment suspended for two years.

2. The maximum fine and term of imprisonment fixed by the relevant section is the fine and tern of imprisonment that the learned magistrate imposed.

3. With respect I think the learned magistrate was wrong when he found that the previous conviction of the appellant indicated a predisposition to commercialised sexual activities. There is nothing wrong with keeping a massage parlour in Hong Kong provided that it is licenced. It is for keeping an unlicensed massage parlour that the appellant was previously convicted. In the circumstances having based his decision on an incorrect reason I consider that the magistrate erred and the penalties for this first offence are excessive. In the circumstances I allow the appeal to the extent that I quash the term of imprisonment and I reduce the fine of $1,000 to $600.

  

Representation:

Mr. Gireser of Gunston & Chow for appellant.

Mr. Boase, C. C. for Crown.