THE QUEEN v. LAU KIN WA

CACC000515/1984

IN THE COURT OF APPEAL

1984 No. 515 (Criminal)

BETWEEN

	THE QUEEN
	and
	LAU KIN-WA

Coram: Li V.-P., Yang & Barker, JJ.A.

Date of Hearing: 16th April, 1985

Date of Judgment: 16th April, 1985

___________

JUDGMENT

___________

Li V.-P.:

1. We have dealt with the first three charges. Coming to count 4, the charge is that he was an office bearer on the 11th of June 1984. In support of the evidence the Crown relied on his confession that he was a flag-master. An expert, Mr. CHIANG Ka-wing, was called. Mr. Chiang testified that the Chuk Luen Bong was a triad society. He gave all the ranks of the Chuk Luen Bong officers: a Heung Chu; then an officer who planned the strategy of the society for which he gave no title; thirdly a red pole; fourthly a white paper fan; fifthly a straw sandal and sixthly an ordinary member. There was no such post as a flag-master in evidence.

2. It is Mr. Keane's contention that there is simply not sufficient evidence to substantiate the charge against the applicant that a flag-master is an officer bearer of the Chuk Luen Bong.

3. Mr. Callaghan very properly and fairly concedes that that being the case there is no sufficient evidence to substantiate the 4th charge.

4. For these reasons, the application for leave to appeal against conviction in respect of the 1st, 2nd and 3rd charges will be refused. The application for leave to appeal against conviction in respect of the 4th charge is granted. The hearing is treated as the appeal proper. The appeal is allowed, conviction quashed and the sentence in respect of the 4th charge is set aside.

(Simon F. S. Li) Vice-President

Representation:

D. Keane, Q. C., & Lily Yew (W. S. Lo & Co.)

P. Callaghan, Crown/respondent