TNAG-2210-FCO40-3170-Future-of-Hong-Kong-political-parties-1991 — Page 131

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