R. v. QUAN COONG KHENG

IN THE SUPREME COURT OF HONG KONG

(Appellate Jurisdiction)

MAGISTRACY APPEAL NO.1041 OF 1996

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J U D G M E N T

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1. This is an appeal from Mr Mackintosh sitting at Tuen Mun. The points are short. Mr Egan has put the submissions very concisely as he always does.

2. Two illegal immigrants had landed and this appellant was there in their presence. The circumstances in themselves were highly suspicious. Further, the illegal immigrants were called to give evidence that he was meeting them there. This, of course, was evidence which would have convicted the appellant. Unfortunately for the Crown, they did not give such evidence. They were treated as hostile and the magistrate in essence said "I can place no reliance on them". The only evidence therefore was the evidence of the police officers who had seen the three together. The appellant ran off when the police made their presence known, he made no admissions that he knew they were illegal immigrants, he made no admissions that he had done anything to assist them.

3. In my judgment, this case should have been stopped at half time. There was no sufficient evidence from which a magistrate properly directing himself could have been sure that : (a) the Defendant knew that they were illegal immigrants and (b) he aided and abetted. As I said there was very very strong suspicion, but these are criminal cases, they must be proved so that a judge or magistrate can be sure. The appeal is allowed, the conviction is quashed.