THE QUEEN v. LIU YING-PING

BETWEEN

__________

Coram: Baber, J. in court

____________

JUDGMENT

____________

1. On 8th December 1983 the Appellant Chinese woman pleaded guilty in the San Po Kong Magistracy to using a public light bus as owner on a road where it emitted excessive smoke. This offence occurred over 3 years earlier, namely on 6th November 1980. She was apparently summoned by post to appear in the Magistracy on 29th May 1981 but did not do so, so personal service was ordered, returnable 7th July 1980. She failed to appear on that date so eventually on 7th September 1981 the Magistrate being satisfied as to service of the Summons issued a warrant for the arrest of the Appellant. This was not executed until 7th December 1983 when the Appellant was found and bailed to appear the following day at the Magistracy; she did so and the case was disposed of as I have indicated. She now appeals against the severity of the fine. The Magistrate treated the case as a first conviction. It now appears that on four occasions between July and November 1982 the Appellant received a fixed penalty ticket for the same offence and paid the fixed penalty of $100 on each occasion. In these circumstances, as the present offence occurred substantially before the later ones I think the Appellant should not be penalized to an extent beyond that applicable to the later offences and accordingly I allow the appeal against sentence to the extent of reducing the fine in the present case to one of $100.

Representation:

Appellant in person.

Mr. F. Wong for Crown/Respondent.