THE QUEEN v. WONG SUEN CHEONG AND ANOTHER

THE QUEEN v. WONG SUEN CHEONG AND ANOTHER

The court held that, while operation of large-scale illegal gambling can merit immediate custody, the magistrate should have considered suspending custodial sentences for offenders who pleaded guilty and had clear or minor records; accordingly the imposed custodial sentences were suspended with conditions and fines in the cases before the court.

Citation
THE QUEEN v. WONG SUEN CHEONG AND ANOTHER
Parties
Respondent: THE QUEEN; 1st Appellant: LAW WING TAK; 2nd Appellant: CHOW YUK LUNG; 3rd Appellant: KUNG HUNG SING; 1st Appellant (ma682/92): WONG SUEN CHEONG; 2nd Appellant (ma682/92): TAM WING KEUNG
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
27 November 1992
Case Number
HCMA876/1992
Procedural Posture
Magistracy Criminal Appeal / Appeal Against Sentence (hearing and Judgment)
Outcome
Appeals allowed in part; custodial sentences suspended and fines imposed in respect of the appeals heard
Legal Topics
Operating Illegal Gambling Establishment, Suspended Sentence, Custodial Sentence, Sentencing Disparity, Plea of Guilty Discount
Source Language
EN
Criminal Law Gambling Law Sentencing Operating Illegal Gambling Establishment Suspended Sentence Custodial Sentence Sentencing Disparity Plea of Guilty Discount

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Parties

THE QUEEN

Respondent

LAW WING TAK

1st Appellant

CHOW YUK LUNG

2nd Appellant

KUNG HUNG SING

3rd Appellant

WONG SUEN CHEONG

1st Appellant (ma682/92)

TAM WING KEUNG

2nd Appellant (ma682/92)

Procedural Posture

Magistracy Criminal Appeal / Appeal Against Sentence (hearing and Judgment)

Legal Issues

  1. 1 Whether custodial sentences imposed by the magistrate should be suspended
  2. 2 Proper weight to give to guilty pleas and minimal previous convictions in sentencing
  3. 3 Appropriate deterrent for large-scale illegal gambling operators

Ratio Decidendi

The court held that, while operation of large-scale illegal gambling can merit immediate custody, the magistrate should have considered suspending custodial sentences for offenders who pleaded guilty and had clear or minor records; accordingly the imposed custodial sentences were suspended with conditions and fines in the cases before the court.

Court Disposition

Appeals allowed in part; custodial sentences suspended and fines imposed in respect of the appeals heard

Orders

  • MA682/92: D1 sentenced to 6 months' imprisonment, suspended for 18 months, and fined HKD 10,000
  • MA682/92: D2 sentenced to 3 months' imprisonment, suspended for 18 months, and fined HKD 5,000