HKSAR v. HUNG WA WAI

HCMA 707/98

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

APPELLATE JURISDICTION

MAGISTRACY APPEAL NO. 707 OF 1998

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J U D G M E N T

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1. On 3rd July 1998 at North Kowloon Magistrates Court this appellant was convicted after trial of an offence of managing a vice-establishment. He was sentenced to a term of 4 months' imprisonment.

2. This appeal came before me this morning as an appeal against conviction only. It became plain that the appellant had no grounds of appeal against conviction whatsoever. Indeed he conceded that his conviction was correct and that all he was seeking was a reduction in sentence. That being so I granted the appellant leave to appeal against sentence out of time and treated this hearing as that appeal.

3. The appellants only grounds of appeal against sentence are firstly that his mother has recently had a heart operation and needs his assistance at home and secondly that when he started work at the vice-establishment he understood that all that he would be required to do was to act as a cleaner.

4. The sentence imposed upon the appellant by the learned Magistrate cannot be faulted and the appellant has presented no convincing reasons before me why that sentence should be reduced.

5. The appeals against both conviction and sentence are accordingly dismissed.