TAM SHEK-HUNG AND ANOTHER v. THE QUEEN

CACC000582/1982

IN THE COURT OF APPEAL	1982, No. 582
	(Criminal)

BETWEEN
	TAM Shek-hung	1st Appellant
	NG Chiu-chi	2nd Appellant
	AND
	The Queen	Respondent

________

Coram: Roberts, C.J., Li & Silke, JJ.A.

Date: 22 October 1982

__________

JUDGMENT

__________

[Sentence: second appellant: allowance made for cooperation with police: plea of guilty: gives evidence in trial]

Silke, J.A. :

1. The first appellant, TAM Shek-hung, was convicted on the 18th June of this year of the offence of conspiracy to commit forgery of Hong Kong Identity Cards. He appeals against that conviction.

2. The conspiracy was said to have taken place between the 1st January 1981 and the 8th October 1981, and he was charged with having conspired with one NG Chiu-chi, who was the third defendant at the trial. The latter pleaded guilty at the outset and sentence was passed upon him. He was then called to give evidence on behalf of the Crown.

3. There was another charge before the court relating to a conspiracy of a similar nature in which the first defendant at the trial, LAW, and NG were jointly charged. On that the Crown entered a nolle prosequi, after NG's plea to the second charge. As a matter of record LAW pleaded guilty and was sentenced to a period of eighteen months' imprisonment. He is not before us.

4. The evidence at the trial was basically that of NG, the third defendant, a co-conspirator and an accomplice. The trial judge found no corroboration of his evidence.

5. NG's evidence was to the effect that the appellant gave him four packages: two of which contained an identity card, a photograph and a negative corresponding with that photograph, and the other two contained an identity card and a photograph only. The wrapper of each of them was, as I understand it, a height gauge. It was then the third defendant's task to make a photograph with a height gauge behind, which would become a false photograph for use in a forged identity card.

6. The trial judge, in considering the evidence o￡ NG, warned himself the dangers of convicting on the uncorroborated evidence of an accomplice. He took into consideration all those matters which a trial judge should take it into consideration when the sole evidence is that of the accomplice and is uncorroborated. He was aware that if he could believe that evidence he would be entitled to convict. He did believe it and he did convict. The appellant did not give evidence in the court below.

7. We found the conviction to be a proper one. The application for leave to appeal against conviction is dismissed.

 

--------------------------------------------------------------

8. The other appellant, NG Chiu-chi, appeals by leave against his sentence of 2Y2 years' imprisonment imposed on him when he pleaded guilty to the offence of conspiracy to forge Hong Kong Identity Cards.

9. Having pleaded and been sentenced, and having given a cautioned statement of his own volition at a very early stage of the proceedings, he gave evidence, on behalf of the Crown, which resulted in the conviction of the principle in the conspiracy. Mr. Dick for the Crown has very properly brought to our attention, the appellant here being unrepresented, the complimentary view expressed by Crown Counsel at trial of the evidence given by this witness.

10. While the appellant was the photographer, he was not paid much. While he was a necessary part of the conspiracy, nevertheless, we think that sufficient allowance was not made by the trial judge in passing sentence for the assistance he has been to the Crown, his full cooperation and for his plea of guilty.

11. The appeal is allowed, the sentence of 2.5 years' imprisonment quashed and a sentence of 1 year's imprisonment is substituted therefor.

Representation:

Appellants in person.

Mr. J.W. Dick for Crown/Respondent.