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Magistracy Appeal1999

HKSAR v. CHAN MING CHEUNG

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19602-EN-1999-11-25

HKSAR v. CHAN MING CHEUNG

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HCMA000657/1999

HCMA 657/1999

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

(Appellate Jurisdiction)

MAGISTRACY APPEAL NO. HCMA 657 OF 1999

(On Appeal from FLCC 642 of 1999)

____________

BETWEEN
HKSARRespondent
AND
CHAN MING CHEUNGAppellant

____________

Coram: The Hon. Madam Justice Beeson in Court

Date of Hearing: 25 November 1999

Date of Judgment: 25 November 1999

______________

J U D G M E N T

______________

 

1. This Appellant appeals against his sentence of three months' imprisonment imposed in the magistracy after he was found to be guilty of the offence of Claiming to be a Member of a Triad Society.

2. Before me today defence counsel has argued that the sentence should be suspended because of the Appellant's special personal circumstances in particular, the fact that he is caring for a young daughter. I have considered the facts of the case. I have considered the Magistrate's Reasons for Sentence. I cannot fault the sentence that was imposed in this case and I do not see there are any factors that would justify a suspended sentence. The appeal against sentence is dismissed.

(C-M. Beeson)
Judge of the Court of First Instance

Representation:

Mr. Alex Lee, S.G.C. for D.P.P.

Mr. R. Forrest, inst'd by Ivan Tang & Co. for Appellant - CHAN Ming-cheung