HKSAR v. CHOW KAM KEUNG

HCMA 343/2002

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MAGISTRACY APPEAL NO. 343 OF 2002

(ON APPEAL FROM NKCC 747/2002)

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J U D G M E N T

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1. This Appellant was convicted in the Magistracy on one count of Engaging in Bookmaking, contrary to Section 7(1)(a) of the Gambling Ordinance, Cap. 148. He was sentenced to 4 months' imprisonment by the Magistrate and now appeals against that sentence.

2. There are 2 grounds of appeal. The first, is that the sentence is manifestly excessive because the Magistrate failed to give consideration to various mitigating factors which were set out as; a small scale operation managed by the Appellant; the absence of evidence showing this was a long-term activity; his plea of guilty and his contribution to the community. There is no validity on this ground whatsoever; the Magistrate was apprised of these matters, took them into account and quite properly fixed sentence at the 4 months from a starting point of 6 months.

3. The second ground is a humanitarian ground on the basis that the Appellant's former wife is suffering terminal breast cancer. This ground was not put before the Magistrate. It was quite obvious it was a matter that had either arisen recently, or had been thought of recently. I cannot see any justification for reducing the sentence on this ground; the Appellant has been divorced since the year 2000.

4. This appeal is dismissed.