Ngai Chu v. Wong Kam Shing

DCMP4219/2004

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MISCELLANEOUS PROCEEDINGS NO. 4219 OF 2004

BETWEEN

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Coram: H H Judge Lok, in Court

Date of Hearing: 7 December 2005

Date of Sentence:  7 December 2005

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REASONS FOR S E N T E N C E

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1.It is essential, if justice is to be done, that a witness should obey orders of the court for attendance, and it would appear that disobedience of a witness to attend trial will be classified as criminal contempt, irrespective of the nature of the proceedings in respect of which the attendance was required (See Arlidge, Eady and Smith on Contempt, 2nd edition, paragraph 11/87).

2.The Plaintiff lost in the EC case.  Mr Kwan submits that the evidence of the Defendant was not material in the EC case.  However, it is not for me to speculate as to the result if the Defendant had attended the trial on that particular occasion.  At this stage, it will be suffice for me to say that the trial judge noted the absence of the Defendant’s evidence in paragraph 17 of his judgment. 

3.Based on the findings of this case, the Defendant’s contempt was deliberate and contemptuous.  I am of the view that a short term of immediate imprisonment would be appropriate.  I am fully aware of the fact that the Defendant is the sole breadwinner of the family, and so I impose a short sentence of 14 days’ imprisonment.

Representation:

Mr Nick Lee, instructed by the Legal Aid Department, for the Plaintiff

Mr Jonathan Kwan, instructed by Messrs Pansy Leung Tang & Chua, for the Defendant