Chu Kam-yiu v. The Queen

CACC001089/1975

IN THE SUPREME COURT OF HONG KONG

(APPELLATE JURISDICTION)

CRIMINAL APPEAL NO. 1089 OF 1975

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Coram: Briggs, C.J.

Date of Judgment: 3rd January, 1976.

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JUDGMENT

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1. The appellant was found guilty of the offence of assault occasioning actual bodily harm and sentenced to a fine of $150. He appeals against his conviction and sentence.

2. The appellant was, at the time of the offence, a Senior Inspector in the Royal Hong Kong Police Force. There was a dispute over certain business matters and as a result he struck the victim on the forehead with an ash tray in a restaurant. The assault in fact was a very minor one.

3. The magistrate who tried the case, saw and heard the witnesses who had given different versions of their evidence on different occasions.

4. The evidence was very carefully scrutinized and analysed and there is no ground for interfering with the conviction of the appellant.

5. The evidence shows that there were faults on both sides and as I have already said, the actual assault was very minor.

6. The appellant was also tried for two offences of criminal intimidation but the magistrate acquitted him on those two charges.

7. In the event, I think justice would best be done if the appeal against sentence is allowed and that the fine of $150 is set aside. No. conviction is to be recorded against the appellant and he is discharged absolutely.

Representation:

Sedgwick (J. Ip & Co.) for appellant.

Sharwood for crown.