HKSAR v. HWANG TING KWAN

HCMA1093/2007

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MAGISTRACY APPEAL NO. 1093 OF 2007

(ON APPEAL FROM TWCC 1030/2007)

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J U D G M E N T

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1. This is an appeal against a sentence of 12 months' imprisonment imposed following a conviction after trial for the offence of perverting the course of justice, contrary to the common law.  The appellant had been arrested and caught in possession of what everyone takes to be two rolled-up cigarettes containing some cannabis.  If he had have been convicted of possession of two cannabis cigarettes, we agree in court he would likely have faced a fine in the region of $2,000.00 or so.

2. Instead of letting the wheels of justice turn to achieve that end, foolishly, in the police station, the man grabbed the two cigarettes and ate them.  He fought a trial and lost and was sentenced to 12 months' imprisonment for that conduct. 

3. In my judgment, the 12 months is too long but I do not have to say the magistrate is in error.  I merely take a different view of the gravity of the crime and, in my view, a sentence of 3 months' imprisonment would adequately reflect what he had done.  The sentence for perverting the course of justice has got to bear some relationship to what that course of justice was, and the course of justice that was engaged here was not a particularly grave one.  I take the view that 3 months' imprisonment is adequate punishment.  He was in breach of a suspended sentence of 3 months.  There is no reason that it should not be implemented.  I do so as the magistrate did.  The total therefore is a sentence of 6 months' imprisonment.