An illegal steel baton bought in a Sheung Wan shop by a mainland factory owner had been in a shipment of batons seized by Customs that was later cleared by police for sale, a court heard yesterday.
Barrister Eric Kwok said his client, Wu Kin-wan, 35, felt aggrieved at being charged with possessing an illegal weapon that had been cleared for sale. He said that after Wu's arrest at Lowu on May 22 last year, the baton was sent to a government scientist amid uncertainty over whether it was prohibited.
It was later classified as a 'gravity-operated steel baton', which is banned under the Prohibited Weapons Ordinance.
On October 3, Magistrate Timothy Jenkins found Wu guilty in Fanling Magistrates Court and jailed him for two months. Wu has been out on bail pending yesterday's appeal against his conviction and sentence.
Mr Kwok said Mr Jenkins had remarked that the baton should not have been imported into Hong Kong. Mr Kwok said inquiries to police about why the shipment was released after their confiscation by Customs had not been answered.
Wu told Mr Justice Colin Jackson in the Court of First Instance he bought the $550 baton for protection but the shopkeeper did not tell him it was a prohibited weapon.