HKSAR v. Lee Wai Kwok

HCMA000671/1999

HCMA 671/1999

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

(Appellate Jurisdiction)

MAGISTRACY APPEAL NO. HCMA 671 OF 1999

(On Appeal from ESCC 1375 of 1999)

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Coram: The Hon. Madam Justice Beeson in Court

Date of Hearing: 25 November 1999

Date of Judgment: 25 November 1999

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J U D G M E N T

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1. This Appellant appeals against his conviction on a charge of Theft. The theft was of a bra from a clothes-line, there was no direct evidence that Appellant actually appropriated the bra, or that he placed it in the position where the cleaning worker found it.

2. I am satisfied that there was ample evidence before the Magistrate that the bra was the property of the person Mrs. Chan as set out in the charge. I am satisfied that although it was chiefly on the basis of circumstantial evidence, that there was evidence before the Magistrate on which he could find an appropriation of property and the necessary intention to permanently deprive. Clearly the Magistrate, accepted, as he was entitled to do, the admission made by the Appellant to the police officer on being apprehended. This appeal is dismissed.

Representation:

Mr. Alex Lee, S.G.C. for D.P.P.

Mr. G. Surman, inst'd by Fairbairn Catley Low & Kong for Appellant - LEE Wai-kwok