THE QUEEN v. TSANG LING HO and Another

HCMA000024/1996

IN THE SUPREME COURT OF HONG KONG

(Appellate Jurisdiction)

MAGISTRACY APPEAL NO.24 OF 1996

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

BETWEEN
	THE QUEEN	Respondent
	AND
	TSANG LING HO	Appellants
	NGAI HOI

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

Coram : Hon Duffy, J. in Court

Date of hearing : 8 February 1996

Date of handing down judgment : 15 February 1996

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

J U D G M E N T

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

1. This was an appeal against a conviction for hawking without a licence, obstruction, contrary to s.4A of the Summary Offence Ordinance Cap.228 and also against a fine of $1,000 on each offence and an order confiscating a private car. The facts simply were that the appellants were seen to be selling goods from the boot of a private car parked in Granville Road.

2. I had no difficulty in dismissing the appeal against conviction as the evidence against the appellants in that regard was overwhelming.

3. The only point of merit in the appeal was the submission that the confiscation of the private car was a harsh punishment. I agreed. Confiscation of the goods in question was sufficient in this case. I therefore allowed the appeal to the extent that I removed the confiscation order so far as the car was concerned. The penalty otherwise remains the same.

Representation:

Mr Tam Yiu Ho, S.C.C., for Crown

Appellants (Tsang Ling Ho & Ngai Hoi) in person

- 2 -

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