HKSAR v. Tse Siu Sheung

HCMA000196/1999

1999, HCMA 196

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

（APPELLATE JURISDICTION）

MAGISTRACY APPEAL NO. 196 OF 1999

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Coram: The Honourable Mrs Justice V. Bokhary in Court

Dates of Hearing: 21 May 1999 and 23 June 1999

Dates of Delivery of Judgment: 21 May 1999 (Conviction) and 23rd June 1999 (Sentence)

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J U D G M E N T

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1. This Appellant appeared before Michael C. Jenkins, Esquire and pleaded not guilty to one charge of theft. He was convicted on the 22nd January 1999 and was sentenced to 15 months' imprisonment.

2. He now appeals against both conviction and sentence. He has lodged a Notice of Appeal against conviction in the standard form but has written no ground of appeal thereon. In his Statement of Findings, the Magistrate has carefully considered all the evidence before him before convicting the Appellant.

3. In my view, there is ample evidence for the Magistrate to convict. The appeal against conviction is dismissed.

4. As far as his appeal against sentence is concerned, it was adjourned for one month in order for the prosecution to make the necessary inquires.

5. At the adjourned hearing of the appeal against sentence, the Appellant abandons his appeal; and his appeal against sentence is therefore dismissed.

Representation:

TSE Siu-sheung, Appellant in person

Mr Hayson K.S. Tse (Department of Justice) for the Respondent (21.5.99)

Mr. Winston Chan (Department of Justice) for the Respondent (23.6.99)