Your World of Legal Intelligence
 Hong Kong | 1-800-335-6202

R. v Wong Wai Hung

Judgment Cited authorities 3 Cited in Precedent Map Related
Vincent
Judgment Date30 April 1997
Year1997
Judgement NumberCACC244/1996
Subject MatterCriminal Appeal
CourtCourt of Appeal (Hong Kong)
CACC000244/1996 R. v. WONG WAI HUNG

CACC000244/1996

IN THE COURT OF APPEAL

1996, No. 244

(Criminal)

_______________

BETWEEN
THE QUEEN
and
WONG WAI HUNG

_______________

Coram: Hon Bokhary, Mortimer & Liu JJA in Court

Date of hearing: 30 April, 1997

Date of judgment: 30 April, 1997

_______________

J U D G M E N T

_______________

Liu JA:

1. In the District Court, the appellant faced one charge of handling stolen goods, one charge of forgery of documents, one charge of theft and one charge of possession of unlicensed apparatus for communication. In the course of the trial, he reversed his plea and pleaded guilty to the second and the fourth charges. The prosecution offered no evidence in respect to the third. The prosecution proceeded with the remaining offence of handling stolen goods. He was duly convicted and sentenced. He appeals against conviction and sentence.

2. The handling charge as framed reads as follows:

Statement of Offence

Handling stolen goods, contrary to section 24(1) and (2) of the Theft Ordinance, Cap. 210.

Particulars of offence:

WONG Wai-hung, on the 17th day of August, 1995, at Man Kam To Border Crossing Point, Ta Kwu Ling, New Territories, in Hong Kong, dishonestly assisted in the retention, removal, disposal or realization of certain stolen goods, namely, one Nissan Tractor assigned with registration mark FM 2624, the property of Shui Nam Navigation (Hong Kong) Limited, knowing or believing the same to be stolen goods.

3. The charge was based on section 24. It would be convenient to set out the section in full.

24 Handling stolen goods

(1) A person handles stolen goods if (otherwise than in the course of stealing) knowing or believing them to be stolen goods he dishonestly receives the goods, or dishonestly undertakes or assists in their retention, removal, disposal or realization by or for the benefit of another person, or if he arranges to do so.

(2) Any person who handles stolen goods shall be guilty of an offence and shall be liable on conviction upon indictment to imprisonment for 14 years.

4. In his first ground of appeal, the appellant complains that the trial judge wrongly convicted the appellant "in the absence of either evidence or an allegation that (the appellant) assisted or acted for the benefit of another person."

5. The facts were uninvolved. The handling charge was one of assisting in the retention, removal, disposal or realization of the tractor which the appellant was seeking to take across the border on the charge date. The words "for the benefit of another person" in s. 24(1) were not included in the charge. R v. Sloggett 55 Cr App R 32, is the authority for the proposition that the words "by or for the benefit of another person", where appropriate, must be included. It is, therefore, conceded in this appeal by the Crown that the charge as framed is defective.

6. It would be helpful to deal with the language of section 24(1) before we come to consider, as we are invited, whether the proviso should be exercised. Section 24(1) constitutes a single offence of handling stolen goods. Griffiths v. Freeman [1970] 1 All E.R. 1117. The two more common charges laid under s. 24(1) concern two different methods of handling. They are: first, a charge of dishonestly receiving goods, knowing...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT