Chan Yat Pui v The Queen

Judgment Cited authorities (4) Cited in Precedent Map Related
Judgment Date01 March 1968
Judgement NumberCACC685/1967
Year1968
CourtCourt of Appeal (Hong Kong)
CACC000685/1967 CHAN YAT PUI v. THE QUEEN

CACC000685/1967

IN THE SUPPEME COURT OF HONG KONG

APPELLATE JURISDICTION

CRIMINAL APPEAL No.685 OF 1967

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BETWEEN
Chan Yat Pui Appellant
AND
The Queen Respondent

Coram: Briggs, Huggins & Creedon, JJ.

Date of Judgment: 1 March 1968

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JUDGMENT

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1. The appellant appealed against his conviction on two charges. We dismissed the appeal but indicated that we would reduce into writing our reasons relating to one of the points which was argued.

2. The second charge was laid under regulation 118(1) of the Emergency (Principal) Regulations and alleged that the appellant "was found in the company of another person who without lawful authority had in his possession (an) explosive substance, in circumstances which raised a reasonable presumption that (the appellant) intended to act or was about to act with or had recently acted with the said other person in a manner prejudicial to the public interest". At the trial the appellant was not represented by counsel but the learned judge raised the question whether the charge was bad for duplicity. The same question was raised by counsel for the appellant before us.

3. We were of opinion that the charge could properly be laid in these terms. A charge is bad for duplicity where the particulars include two or more separate offences, thus embarrassing the accused because he does not know which offence the prosecution seek to prove. The test for ascertaining whether two or more separate offences have been included is to ask whether the particulars cover only one act which may be done in one of two or more different ways or two or more acts each of which constitutes an offence. A very clear exposition of the law was given by Lord Parker, C.J. in Mallon v. Allon(1). There the question was whether there was duplicity in an information charging the appellant that he did unlawfully "admit and allow to remain on premises" which were a licensed betting office a person apparently under the age of 18 years. At p.392 the learned Lord Chief Justice cited Thomson v. Knights(2) and G.Newton Ltd. v. Smith(3) and went on:

" In both those cases, however, it is quite clear that what was being considered was a single act, in the one case driving, in the other case failing to comply with
...

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