Yung Kwai Tung v. HKSAR

FAMC000030/1998

FAMC No. 30 of 1998

IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MISCELLANEOUS PROCEEDINGS NO. 30 OF 1998 (CRIMINAL)

(ON APPLICATION FOR LEAVE TO APPEAL

FROM HCMA No. 803 OF 1998)

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Appeal Committee: Mr Justice Litton PJ, Mr Justice Ching PJ and Mr Justice Bokhary PJ

Date of Hearing: 26 January 1999

Date of Determination: 26 January 1999

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D E T E R M I N A T I O N

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Mr Justice Ching PJ :

1. This is an application for leave to appeal to the Court of Final Appeal against three convictions in the Magistrate's Court which were upheld in the Court of First Instance. Briefly described, the convictions were for obstruction in a public place, hawking without a licence and assault occasioning actual bodily harm.

2. The grounds upon which the applicant seeks to appeal to the Court of Final Appeal are all upon matters of fact. Those are matters primarily for the Magistrate. His findings of fact in the circumstances of the present case are not matters with which the Court of Final Appeal will interfere.

3. This application is dismissed.

Representation:

Mr Yung Kwai Tung, Applicant, in person

Mr D G Saw SC and Miss Vivien Chan (of the Department of Justice) for the Respondent