HKSAR v AKTER, MST BEAUTI

HCMA 433/2015

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MAGISTRACY APPEAL NO 433 OF 2015

(ON APPEAL FROM KTCC 1095 OF 2015)

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JUDGMENT
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1.  The appellant appeals against her conviction of shop theft, where she was convicted by the magistrate[1] after trial.

2.  The appellant was employed in Hong Kong as a domestic helper.  The date of her appeal hearing was set down for 26 August 2015.  On that date at 10:00 am the appellant’s name was called inside and outside of court however no one answered or appeared.  I was informed by the prosecution that the employment agency had informed them that the appellant had left Hong Kong by the hearing date.

3.  I adjourned the matter for the prosecution, with the assistance of the police, to make inquiries as to the appellant’s whereabouts. 

4.  Mr Pierre Luifor the respondent appears before me today, and the appellant is still absent.  I am informed by Mr Lui that the appellant, in fact, left Hong Kong on 13 July 2015.  On 4 September 2015 the police went to the employment agency and received a letter written by the appellant to the court to say that she had left Hong Kong on 13 July 2015 and she would not be present at the High Court on 26 August 2015 and she would like to withdraw her case.

5.  I am satisfied that she has had notice of this appeal and that she is absent because she has left Hong Kong. 

6.  In the circumstances, her appeal is dismissed.

Mr Pierre Lui, PP of the Department of Justice, for the respondent

Appellant was not represented and did not appear