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HCMA001540/1989
IN THE SUPREME COURT OF HONG KONG
(Appellate Jurisdiction)
MAGISTRACY APPEAL NO. 1540 OF 1989
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BETWEEN
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The Queen
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Respondent |
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AND
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LAI Kong-hoi
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Appellant |
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Coram: Hon. Ryan, J. In Court
Date of hearing: 27 February 1990
Date of judgment: 27 February 1990
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JUDGMENT
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1. The appellant in this matter pleaded guilty to claiming to be a member of a triad society and to inviting persons to become members of an unlawful society. He was sentenced on the first charge to 18 months' imprisonment and on the second charge to 6 months' imprisonment, to be served consecutively making in total, by a sentence of 24 months' imprisonment.
2. The facts of the case are that the appellant claimed himself to be a member of a triad society to a group of young boys aged 13, 14, and 15 and proceeded to invite them to become members of an unlawful society. These were serious offences and were aggravated by the fact that the appellant, a man of 29, was endeavouring to recruit young boys into the triad society.
3. The appellant's record shows that he was convicted for similar offences in 1987 and was sentenced to a total of nine months' imprisonment: He appears to have learned nothing from that experience. The only mitigating feature was that the appellant pleaded quilty.
4. While the magistrate was wrong in principle to impose concurrent sentences in respect of two charges which arose from the same set of facts, in respect of the totality of the sentence I am not in any way convinced that it was manifestly excessive. Accordingly the appeal is dismissed.
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(T.J. Ryan)
Judge of the High Court
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Representation:
Miss E. Chan, S.C.C., for Crown
Appellant in present
IN THE SUPREME COURT OF HONG KONG
(Appellate Jurisdiction)
MAGISTRACY APPEAL NO. 1540 OF 1989
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BETWEEN
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THE QUEEN
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Respondent |
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AND
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LAI KONG HOI
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Appellant |
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Coram: Hon. Ryan, J. in court
Date of hearing: 27 February 1990
Date of Judgment: 27 February 1990
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ERRATUM
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5. " in line 2 it paragraph 2 on page 2 is amended to reed "consecutive".
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(T.J. Ryan)
Judge of the High Court
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