HKSAR v. Cheung Chiu Man

HCMA001152/1998

HCMA 1152/1998

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

(Appellate Jurisdiction)

MAGISTRACY APPEAL NO. HCMA 1152 OF 1998

(On Appeal from TMC 2636/98)

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Coram: The Hon. Madam Justice Beeson in Court

Date of Hearing: 23 November 1999

Date of Judgment: 23 November 1999

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J U D G M E N T

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1. In this case, the Appellant appeals against his conviction for an Indecent Assault for which he was given a Community Service Order of 90 hours. He complained that the Magistrate did not take various matters into account; he was not given the benefit of the doubt as the victim, allegedly, never saw him touching her and also the Magistrate failed to consider that he could have escaped from public light bus on which the alleged offence took place if he had wished. The Appellant also said that it was rather unbelievable that the incident happened without the victim's comments to him being overheard by the people on the bus.

2. I have examined the magistrate's Statement of Findings and the transcript. The magistrate took all relevant matters into account and gave himself the appropriate warning in particular as to the lack of corroboration. There is nothing wrong with the conviction and this appeal is dismissed.

Representation:

Mr. P.K. Madigan, S.G.C. for D.P.P.

CHEUNG Chiu-man, Appellant, in person