HKSAR v. Mok Key Wah

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

(Appellate Jurisdiction)

MAGISTRACY APPEAL NO. 265 & 266 OF 1998

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J U D G M E N T

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1. The Appellant was convicted in the Magistracy on his own pleas of two charges of managing a vice-establishment; in respect of each case, he was sentenced to 3 months' imprisonment and in each case $20,000 in fines.

2. It is submitted by counsel for the Appellant that the Magistrate was wrong to impose a fine in addition to imprisonment because there was no evidence that the Appellant enjoyed the profits of his offence; that the Magistrate failed to enquire into the Appellant's financial background before imposing the fines, and that the Magistrate erred in ordering the financial penalties to be paid out of the bail money without the Appellant's consent, the Appellant having said in court, without any other proof, that the bail money had been put up by his friend.

3. The Appellant has a poor record including similar convictions. On the serious facts of each of these cases the sentences of imprisonment and these fines were richly deserved, as a deterrent sentence was called for. The fines are not manifestly excessive and there was no obligation on the Magistrate to establish that the Appellant had benefitted from the proceeds of the vice-establishment before imposing those fines. The only matter that does give me pause is that the Magistrate ordered the fines be paid out of the bail without the Appellant's consent, without having the power to do so.

4. I leave the sentences of imprisonment unaltered. The fines remain at $20,000 for each offence. However, the order that they be paid out of the bail is rescinded. The bail money is re-instated and an order is made that the Appellant pays these fines within 3 months of his release from prison.