R. v. WONG SHUN-CHEONG

IN THE SUPREME COURT OF HONG KONG

(Appellate Jurisdiction)

MAGISTRACY CRIMINAL APPEAL NO. 1064 OF 1996

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J U D G M E N T

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1. The Appellant was convicted on 28th August 1996 by Mr. Daniel Ho sitting as a Special Magistrate at Tuen Mun Magistracy. The charge he faced was failing to produce, on 11th May 1996, his rail ticket for inspection on demand being made by an official of the railway. This offence was in breach of By-law 7(1) and punishable under By-law 41 of the North-west Railway By-laws made pursuant to the Kowloon-Canton Railway Corporation Ordinance, Cap. 372.

2. The Appellant was asked how he pleaded to the charge. It was a simple question to which the answer was either 'Not guilty' or 'Guilty'. This Appellant pleaded guilty. When the facts were heard and the mitigation had been put before the Magistrate, the Appellant was fined $350. This is a modest total set against the maximum of $5,000 for this type of offence. The Magistrate was no doubt generous to the Appellant because the Appellant had explained what his means were. He was living on $7,056 a month. The Magistrate had also offered the Appellant the chance to pay a surcharge of $260 in accordance with the By-law, but the Appellant declined an offer which he would have been well advised to take. The plea of guilty was unequivocal, that is made without any doubt about it, and he now seeks to appeal against his conviction and sentence. I am afraid I can find no merit in either appeal. I must dismiss them both.