The Queen v. Tsang Wai Keung
Read the full judgment text of HCMA 1052/1995 on BabelCite. This High Court CFI judgment was delivered on 19 December 1995.
1. This was an appeal against a conviction for crossing continuous double white lines. The only point on the appeal was that the appellant who had appeared in person at his trial, had challeged the evidence of a Police Officer but had been refused permission to check the notebook of the Officer, who had claimed that he was giving evidence in accordance with his notebook. The Magistrate refused the application on the basis that "there is not the slightest indication of any inconsistancy". This he
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HCMA001052/1995 IN THE SUPREME COURT OF HONG KONG (Appellate Jurisdiction) MAGISTRACY APPEAL NO. 1052 OF 1995 ----------------------
----------------------- Coram : Hon. Duffy, J. in Court Date of hearing : 13 December 1995 Date of handing down judgment : 19 December 1995 --------------------- J U D G M E N T -------------------- 1. This was an appeal against a conviction for crossing continuous double white lines. The only point on the appeal was that the appellant who had appeared in person at his trial, had challeged the evidence of a Police Officer but had been refused permission to check the notebook of the Officer, who had claimed that he was giving evidence in accordance with his notebook. The Magistrate refused the application on the basis that "there is not the slightest indication of any inconsistancy". This he did without even checking the notebook himself. Thus the Appellant was effectively being barred from following a perfectly proper line of cross examination. This was a material irregularity and fatal to the conviction in this case. The appeal was allowed. Representation: Mr McMeans, S.C.C., for Crown Appellant Tsang Wai Keung in person
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