HKSAR v. or Chung Lai and Another

HCMA000793/2000

HCMA 793/2000

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MAGISTRACY APPEAL NO. 793 OF 2000

(ON APPEAL FROM TWCC 622/2000)

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Coram: Hon Beeson J in Court

Date of Hearing: 22 November 2000

Date of Judgment of 1st Appellant: 22 November 2000

Date of Judgment of 2nd Appellant: 24 November 2000

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J U D G M E N T

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1. The Appellant, Or Chung-lai, was jointly charged with Tang Chun-pang (who did not appear at the Court today) with one charge of Wounding, contrary to S.19 of the Offences Against the Person Ordinance, Cap. 212. The matter proceeded to trial where both Appellants were represented.

2. The prosecution's case was that two separate groups of workers were working in an industrial building in Tsuen Wan when a dispute arose between them as to the use of the lifts.

3. The Appellant was found by the Magistrate to be the initial aggressor against the victim, who was one of the other group. In the course of the dispute, the Appellant struck and caused a wound on the victim.

4. The matter was canvassed thoroughly at trial; the Magistrate gave a detailed Statement of Findings. He was aware of the difficulty in assessing evidence resulting from this kind of alternation. He understood that the Appellants had clear records and he treated the fact of their clear records appropriately. He noted that the altercation would have caused confusion even amongst honest witnesses.

5. The upshot of the trial was that the Magistrate did not believe the Appellants. He was satisfied from the evidence that the prosecution had shown that the Appellants were not acting in self-defence. He was satisfied that the prosecution had proved that the Appellant had unlawfully and maliciously wounded the victim in this case.

6. In respect of Mr Tang, he was satisfied that he had struck the victim in a manner constituting common assault and found him not guilty of wounding, but guilty of common assault.

7. Today, the Appellant has not advanced any matter that would make me consider that the Magistrate erred in coming to his decision. He simply repeated the account he gave the Magistrate that he was an unwilling participant, that he had been the party attacked and he fought back unwillingly.

8. I am satisfied the Magistrate dealt with this matter properly and the appeal by Mr Or is dismissed.

9. I was informed by Mr Or that Mr Tang was unable to attend Court as he had had to take his grandmother to hospital unexpectedly this morning. Mr Or was asked to tell Mr Tang to contact the Court as to what he proposed to do about his appeal as soon as possible, otherwise it would be dismissed.

Representation:

Mr Paul Ho, SGC, for the DPP

Or Chung-lai, 1st Appellant in person

Tang Chun-Pang, 2nd Appellant in person, absent

Appeal of Tang Chun Pang

10. No approach was made to the Court on the date fixed for Mr Tang's appeal, nor at any time since.

11. Accordingly I treated the appeal as abandoned and dismiss it.