Chan Kan Kau v The Queen

Judgment Cited in Precedent Map Related
Judgment Date03 January 1968
Judgement NumberCACC699/1967
Year1968
CourtCourt of Appeal (Hong Kong)
CACC000699/1967 CHAN KAN KAU v. THE QUEEN

CACC000699/1967

IN THE SUPREME COURT OF HONG KONG

APPELLATE JURISDICTION

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CRIMINAL APPEAL NO. 699 OF 1967

BETWEEN
CHAN KAN KAU Appellant
AND
THE QUEEN Respondent

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Coram: Huggins, J.

Date of Judgment: 3 January 1968

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JUDGMENT

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1. In this case three accused were charged jointly with loitering at night contrary to s.26(a) of the Summary Offences Ordinance for that they were found loitering in Pine Street at 5.30 in the morning and were unable to give a satisfactory account of themselves. This was clearly a bad charge because the offence was not one which could be committed jointly. The defect was apparently realised and amended charges were then laid charging each of these men separately. When they were called upon to plead two of them pleaded guilty but the appellant pleaded not guilty.

2. Now in my view it was unsatisfactory that there should have been a joint charge sheet at any stage, but so long as there were separate trials there could clearly be no injustice. Two having pleaded guilty, if the trial had then proceeded against the appellant alone no question would have arisen. However, on hearing the facts the learned magistrate decided not to accept the pleas of guilty and a trial proceeded against all three. The learned magistrate who presided at the trial was not satisfied with the explanation of any one of the three and all were convicted. The Appellent was sentenced to two months' imprisonment.

3. On his appeal the appellant has sought to persuade me that the magistrate should not have believed the evidence of the police but should have accepted his own explanation of his conduct. He says that he was in fact sleeping in a lorry and that the case against him was a frame-up. Quite clearly it is impossible for me, who have not heard the witnesses, to come to any conclusion opposite to that to which the learned magistrate came. There were, however, two points which I raised with counsel for the Crown. The first is whether it was right that a joint trial should have taken place. As to that although I think it would have been preferable for all three to have been charged on separate charge sheets and tried together only with their express consent I do not think that the trial was a...

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