HKSAR v. Wong Kun Cheong

HCMA000242/2002

HCMA242/2002

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

(Appellate Jurisdiction)

MAGISTRACY APPEAL NO.242 OF 2002

(ON APPEAL FROM WSMP 36 OF 2002)

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Coram: Deputy High Court Judge Wong in Court

Date of Hearing: 9 April 2002

Date of Judgment: 9 April 2002

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J U D G M E N T

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1.For the reasons I have indicated in the course of argument by the appellant and counsel for the Government, I am satisfied there is no merits in this appeal.

2.There is no evidence, by that I mean direct and admissible evidence, to support his complaint to enable the magistrate to issue a private summons for private prosecution. That being the case whether his argument on the interpretation of the law is correct or not is irrelevant.

3.In my view, I think the magistrate was right in his interpretation of the law and I would accept his argument and reject the argument advanced by the appellant. This is a completely unmeritorious application and equally an unmeritorious appeal. The appeal must be dismissed. I make an order for costs under section 120 of the Magistrates Ordinance, and fix the amount at $5,000.

Representation:

Mr Kwok Wing Lung, SGC of DPP, for HKSAR

The Appellant in person, present