1991-01-21 10:20
SECURITY "BRANCA
DJ2 000 JUTA
We express
opinion
33
whether
the
ought, executive
as
h matter
practice,
to
give public notice of
any
intended change
in policy
That is a
matter entirely within the executive's own discretion. But we are satisfied that the
fact that the authorities have,
course
by a well
of conduct over
many
publicised years, lulled a particular class of persons of security that into a justifiable sense the law would not be strictly enforced so
far
as
they are
concerned,
and then
suddenly proceeded
without
giving
to
those
enforce
the
law
persons
any
opportunity whatsoever
to reconsider their
position, is a factor that may properly be
taken
into
sentence."
account
when
assessing
For the reasons stated above,
the appeals are
allowed, the convictions are quashed and the sentences
set aside.
T.L. Yang
Chief Justice
Mr. Daniel Fung, QC, Mr. Martin Liao &
Mr. Poon Siu-chor (Woo, Kwan, Lee & Lo) for Appellants
Mr. P.J. Dykes & Mr. Patrick Li
for Crown/Respondent
TOTAL P.18