Egg roll vs Swiss roll -- judge dismiss baker's appeal
A “Swiss roll” is different from an “egg roll”, a High Court judge said as she dismissed an appeal from a baker convicted in an unrest case.
Yip Yiu-man, 31, has been sent to jail after he lost his appeal against conviction and sentence of nine-month imprisonment for possession instruments fit for unlawful purposes.
A 25-cm wooden stick and a hex key was found on him on On Chee Road, Tai Po on November 12, 2019 – during the period of citywide strikes.
The defendant argued that the stick was a rolling pin for making Swiss rolls, but his employer said it was for making “egg rolls”, said judge Maggie Poon Man-kay who challenged the inconsistency of testimony.
“One said it was for making Swiss rolls, the other said it was for egg rolls. According to my judicial knowledge, they are two different things,” Poon said.
She was not convinced that the stick was a baking tool.
The stick was modified from a mop, she pointed. It was strange for his employer to agree on using such a stick at the bakery.
“It is obvious that the stick was used at home. Don't expect judges to live on an ivory tower. How would one use such a tool to make food?” She questioned.
The judge also said the case's time and location had to be considered. It happened on the second day of citywide strikes, and there was violent destruction at the scene before Yip arrived.