HKSAR v. Wong Wai Kong

HCMA000401/2002

HCMA 401/2002

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MAGISTRACY APPEAL NO. 401 OF 2002

(ON APPEAL FROM STCC 60/2002)

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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.This Appellant was convicted in the Magistracy, with two other Defendants, of Fighting in a Public Place. This Appellant was the 3rd Defendant at trial. A Notice of appeal was filed which relies on the standard grounds.

2.The Appellant appeared in person today and put before the court grounds on which he said the conviction should be disturbed. These related to the Magistrate's allegedly inadequate treatment of identification, which was a live issue at the hearing; the question of the position of the vehicles and inconsistencies relating to their positions; general inconsistencies in the evidence; inadequate treatment by the court relating to a man, Wong Sai Man, who was involved in the incident and, generally, that the Magistrate was unfair in reaching the decision he did.

3.I have considered the Magistrate's Statement of Findings which set out in detail the evidence, the inconsistencies noted by the Magistrate and the Magistrate's reconciliation of the inconsistencies. I am satisfied that the Magistrate dealt with the issues in an appropriate manner. I am also satisfied that all the matters which have been raised by the Appellant today were in fact put before the Magistrate in the course of trial, at which this Appellant was represented.

4.There is nothing in the matters put before me today which indicates the conviction was one which should be interfered with. This appeal is dismissed.

Representation:

Miss Vinci Lam, GC, for HKSAR

Mr Wong Wai Kong, the Appellant, in person