THE QUEEN v. LEUNG SIU KWAN and Another

HCMA000650/1995

IN THE SUPREME COURT OF HONG KONG

(Appellate Jurisdiction)

MAGISTRACY APPEAL NO. 650 OF 1995

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BETWEEN
	THE QUEEN	Respondent
	AND
	LEUNG SIU KWAN	1st Appellant
	LEUNG SIU FUNG	3rd Appellant

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Coram : Hon. Duffy, J. in Court

Date of hearing : 22 December 1995

Date of handing down judgment : 3 January 1996

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J U D G M E N T

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1. This was an appeal originally only against conviction, but I granted leave for an appeal against sentence out of time. So far as the appeal against conviction was concerned, suffice it for me to say that I found that there were no grounds for interfering with the conviction.

2. However, so far as the appeal against sentence was concerned, I was satisfied, having been provided with a table of sentences for similar offences in the Mongkok and Shamshuipo Districts, that an immediate custodial sentence was unnecessary in this case. This was certainly not the worse case of its kind and did not involve large profits or the corruption of the young. I therefore allowed the appeal against sentence and for the sentence of six months imprisonment imposed on the 1st Appellant, I substituted a fine of $15,000 allowing six weeks for payment. So far as the 2nd Appellant was concerned, I suspended the sentence of three months imprisonment for a period of one year, and imposed a fine of $15,000, allowing six weeks to pay.

Representation:

Mr Jackson Poon, S.C.C., for Crown

Mr Christopher Grounds (Ng & Lam), for both Appellants

	(J.M. Duffy)
	Judge of the High Court