IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
MAGISTRACY APPEAL NO. 938 OF 2006
(ON APPEAL FROM ESCC 1085 OF 2003)
Before : Hon Nguyen J in Court
Date of Hearing : 19 December 2006
Date of Judgment : 19 December 2006
J U D G M E N T
1. The magistrate found the appellant was morally blameless and the prosecution both in the Court of Final Appeal and here properlyconceded that a sentence of imprisonment on such a defendant would not be just.
2. I therefore allow the appeal against sentence to the extent that the sentence on the appellant is now substituted by an order thathe enters into a recognizance in the sum of $1,000 to be of good behaviour for the next 12 months.
Mr Leung Cheuk Yin, David, SGC of Department of Justice, for HKSAR
Mr Philip Dykes, SC, instructed by Messrs Ho & Ip, for the Appellant