Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Loitering with intent to steal

Legal area

Court

24 May 1973

FUNG CHUNG v. THE QUEEN

Citation

FUNG CHUNG v. THE QUEEN
Court

Court of Appeal
Case number

CACC346/1973

Where the implement found on the appellant (a wire hook) was unused, commonplace and no evidence demonstrated prior intention to use it for theft, the 'going equipped' count was only incidental to the substantive loitering offence; accordingly the higher nine‑month sentence on the 'going equipped' count was disproportionate and must be reduced to parity with the loitering sentence in accordance with Full Court authority.
20 Jul 1970

NG CHUN-TING v. THE QUEEN

Citation

NG CHUN-TING v. THE QUEEN
Court

Court of Appeal
Case number

CACC340/1970

Despite procedural shortcomings (failure to record that a witness was available for cross-examination and not calling the alleged victims), the totality of the evidence including the appellant's own evidence made the convictions safe; the appeal is dismissed.
3 Apr 1970

MUI CHI-LEUNG v. THE QUEEN

Citation

MUI CHI-LEUNG v. THE QUEEN
Court

Court of Appeal
Case number

CACC98/1970

The cumulative sentence was wrong in principle because both offences arose from the same incident and the possession of the instrument was to facilitate the loitering/intent to steal; since the statutory maximum for each offence is three months, the sentences must run concurrently.