R. v. CHUNG COLIN

IN THE SUPREME COURT OF HONG KONG

(Appellate Jurisdiction)

MAGISTRACY APPEAL
NO. 1166 OF 1995

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J U D G M E N T

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Duffy, J.:

1. This was an appeal against a conviction for making off without payment for a meal in a restaurant. The appellant is a serving police officer. The I.C.A.C. were conducting an undercover operation at the Hung Fat Restaurant in Yiu Tung Street as they had received complaints about the restaurant giving advantages to police officers in order not to be prosecuted for obstruction. The I.C.A.C. officers at that restaurant observed a group of police officers in uniform having a meal, the estimated cost of which was approximately $80. The appellant was seen to place $30 on a counter in the restaurant before leaving. That was the only sum paid for the food which the police officers had eaten. He was then charged with making off without payment, contrary to s.18C of the Theft Ordinance, Cap.210. This section requires that the Crown prove that the failure to pay was dishonest.

2. This case clearly had to do with corruption, not dishonesty. This charge in my view was totally misconceived and should never have been brought, having obviously been substituted for a corruption charge for which presumably the I.C.A.C. did not have sufficient evidence. It was quite clear from the evidence that there was no complaint by the restaurant about the fact that the officers only paid $30. There was no dishonesty. This appeal must be allowed.