R. v. TANG KAM WING

IN THE COURT OF APPEAL,

1992 No 465

(Criminal)

____________

_______________

J U D G M E N T

_______________

Kempster, JA:

1. This is the judgment of the Court.

2. On 16 October 1992, after trial in the District Court, Tang Kam-wing was convicted by His Honour Judge Longley of handling stolen goods and on 30th of that month, having considered a Probation Report, the judge sentenced him to 2 years' imprisonment. Against that sentence he seeks leave to appeal on the grounds that such sentence was unfair.

3. The "goods" handled, on 28 January 1991, were 19 share certificates of Hutchison Whampoa Ltd. They disappeared from the premises of stockbrokers Hoare Govett (Hong Kong) Ltd during January 1990. Wheelock Marden & Co issued replacement certificates and those that had disappeared were declared null and void.

4. The applicant "handled" the Hutchison Whampoa certificates by producing them to and instructing the North Point Branch of the Chiyu Bank to sell them. This was done by the Bank without checking the list of lost instruments and the applicant's account was credited with the sum of $247,269.40; which sum he immediately withdrew in cash.

5. Although the applicant did not have a clear record this was his first conviction for dishonesty since 1978. The judge took into account the facts that he was being used by others and that his wife had left him. He sentenced him accordingly. We are happy to learn that his wife has now determined to stand by him and that he feels remorse for what he did. However, we see no grounds warranting interference with the sentence. The application for leave to appeal against it is refused.