HKSAR v. Lam King Shing

HCMA 1082/2005

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MAGISTRACY APPEAL NO. 1082 OF 2005

(ON APPEAL FROM STCC 10837/2005)

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BETWEEN

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Before: Deputy High Court Judge Wright in Court

Date of Hearing: 21 June 2006

Date of Judgment: 21 June 2006

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J U D G M E N T

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1.You appeal your conviction on a single charge of common assault following upon a short trial before a magistrate.

2.The incident occurred in a car park when you drove your motorcycle past an entry barrier.  You were approached by the first prosecution witness concerning whether you had a ticket to park there.  There was an argument.  In due course you punched the witness on his nose causing him to bleed.  There was limited support for that witness’s evidence from one of his colleagues, albeit that he did not see the blow itself.

3.There was some conflicting evidence from the police officer who arrived at the scene in regard to the order in which events occurred according to the information given to him at the scene by the first prosecution witness.  The magistrate resolved that conflict satisfactorily.

4.There is no merit in your complaint about a lack of CCTV evidence:  plainly the police investigated this issue and found no evidence of assistance to either party.

5.You gave evidence on your own behalf.  For cogent and compelling reasons the magistrate rejected your evidence.

6.The magistrate had the benefit of seeing and hearing the witnesses: I do not.  There is no basis on which the magistrate’s findings may properly be criticised.  On the facts as he found proved, you were correctly convicted.

7.The appeal is dismissed and the conviction confirmed.

Ms Mary Sin, SADPP of Department of Justice, for the Respondent

The Appellant, in person