HKSAR v. WONG KOK FUNG AND ANOTHER

HKSAR v. WONG KOK FUNG AND ANOTHER

The conviction of the 1st appellant was upheld because the magistrate was entitled to infer that, having taken the bag from the flowerbed and carrying it out the lane, the 1st appellant knew of and was in possession of the seven knives. The conviction of the 2nd appellant was quashed because standing at the entrance of the lane, without more, and given that the bat he carried was not an offensive weapon, was insufficient to infer a joint venture to possess the offensive weapons.

Citation
HKSAR v. WONG KOK FUNG AND ANOTHER
Parties
Respondent: HKSAR; 1st Appellant: WONG KOK FUNG; 2nd Appellant: WONG KOK SUM
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
8 August 2002
Case Number
HCMA505/2002
Procedural Posture
Magistracy Appeal (criminal) / Appeal Against Conviction to Court of First Instance (appellate Jurisdiction)
Outcome
1st appellant's appeal against conviction dismissed; 2nd appellant's appeal allowed and conviction and sentence quashed
Legal Topics
Possession of Offensive Weapons, Joint Possession/joint Venture, Hearsay/res Gestae
Source Language
EN
Criminal Law Evidence Public Order Possession of Offensive Weapons Joint Possession/joint Venture Hearsay/res Gestae

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 3 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

HKSAR

Respondent

WONG KOK FUNG

1st Appellant

WONG KOK SUM

2nd Appellant

Procedural Posture

Magistracy Appeal (criminal) / Appeal Against Conviction to Court of First Instance (appellate Jurisdiction)

Legal Issues

  1. 1 Whether items carried constituted offensive weapons under s.33(1) Public Order Ordinance
  2. 2 Whether 1st appellant had knowledge of and was in possession of the bag containing knives
  3. 3 Whether 2nd appellant was in joint possession or joint venture with 1st appellant

Ratio Decidendi

The conviction of the 1st appellant was upheld because the magistrate was entitled to infer that, having taken the bag from the flowerbed and carrying it out the lane, the 1st appellant knew of and was in possession of the seven knives. The conviction of the 2nd appellant was quashed because standing at the entrance of the lane, without more, and given that the bat he carried was not an offensive weapon, was insufficient to infer a joint venture to possess the offensive weapons.

Court Disposition

1st appellant's appeal against conviction dismissed; 2nd appellant's appeal allowed and conviction and sentence quashed

Orders

  • Dismiss 1st appellant's appeal against conviction
  • Allow 2nd appellant's appeal; quash conviction and quash sentence of detention in a training centre