HKSAR v. Hui Cheung Kiu and Others

HCMA000277/2002

HCMA 277/2002

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MAGISTRACY APPEAL NO. 277 OF 2002

(ON APPEAL FROM ESCC 3948/2001)

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Coram: Hon Beeson J in Court

Date of Hearing: 11 July 2002

Date of Judgment: 11 July 2002

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J U D G M E N T

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1.The 3 Appellants chose not to attend court for this appeal and leave was granted for them not to be present during the hearing. They appeal against their convictions on one charge of Assault Occasioning Actual Bodily Harm.

2.The basic grounds of appeal are that the Magistrate wrongly dealt with the identification evidence and that he failed to deal properly with the evidence generally.

3.Having considered the matters raised in the grounds of appeal and having considered the Magistrate's Statement of Findings, I am satisfied that the Magistrate was fully aware that the major issue in this case was identification and that he dealt properly, not only with the identification evidence but with the other evidence as well.

4.There is no valid ground on which I should interfere with the convictions and, these appeals are dismissed.

Representation:

Miss Vinci Lam, GC, for HKSAR

Mr W Yeung, of Messrs Wilson Yeung & Co., for the Appellants