HKSAR v. Kan Kwok Chung

Read the full judgment text of HCMA 651/2006 on BabelCite. This High Court CFI judgment was delivered on 22 August 2006.

1. The Magistrate was, in my view, entitled to feel sure, as he did, that the Appellant was the man who had conducted himself in the manner described by PW1 and PW2, whose evidence he was entitled to consider reliable, which he did.

Case No.HCMA 651/2006
Court
High Court CFI
Date22 Aug 2006
Judge
Case Document
100%Judiciary

HCMA 651/2006

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MAGISTRACY APPEAL NO. HCMA 651 OF 2006

(ON APPEAL FROM TWCC 626 OF 2006)

____________

BETWEEN

  HKSAR Respondent
  and  
  KAN KWOK CHUNG (靳國聰) Appellant

____________

Before: The Honourable Mrs Justice V. Bokhary in Court

Date of Hearing: 22 August 2006

Date of Judgment: 22 August 2006

_______________

J U D G M E N T

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1.The Magistrate was, in my view, entitled to feel sure, as he did, that the Appellant was the man who had conducted himself in the manner described by PW1 and PW2, whose evidence he was entitled to consider reliable, which he did. 

2.I am also of the view that the Magistrate was entitled to conclude, as he did, that the only reasonable inference to be drawn from such conduct was that the Appellant had attempted to steal PW1’s property as charged.  No error was made by the Magistrate in how he went about convicting the Appellant of attempted theft. 

3.This appeal against conviction is dismissed.

  (V. Bokhary)
Judge of the Court of First Instance
High Court

The Appellant, in person

Mr Raymond Cheng, GC of the Department of Justice, for the Respondent