HKSAR v. Tang Ka Hung and Another

Read the full judgment text of HCMA 239/2010 on BabelCite. This High Court CFI judgment was delivered on 12 November 2010.

Cites 1 case

Case No.HCMA 239/2010
Court
High Court CFI
Date12 Nov 2010
Judge
Case Document
100%Judiciary

HCMA 239/2010

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MAGISTRACY APPEAL NO. 239 OF 2010

(ON APPEAL FROM ESS 37069/2008)

____________

BETWEEN

  HKSAR Respondent

and

  TANG KA HUNG 1st Appellant
  ANTHONY BUTT 2nd Appellant
  ____________  

Before: Hon Fung J in Court

Date of Hearing: 19 October 2010

Date of Judgment: 12 November 2010

____________________

C O R R I G E N D U M

____________________

1.Paragraph 14, page 4:-

‘Also on 4 September, Mr Butt applied before the Principal Magistrate for two witness summonses…… and one Mr Tang, the manager of the tunnel company, for the explanation of the incomplete tape.’ should be changed to ‘Also on 4 September, Mr Butt applied before the Principal Magistrate for two witness summonses…… and one Mr Wong, the manager of the tunnel company, for the explanation of the incomplete tape.’

2.Paragraph 24,  page 6:-

‘Mr Tang, manager of the tunnel company…… the 1 minute delay in recording.’ should be changed to ‘Mr Wong, manager of the tunnel company…… the 1 minute delay in recording.’

3.Paragraph 44(2), page 11:-

‘It was based on evidence of defence witness notwithstanding he was is believed by the Magistrate upon cross-examination;’ should be changed to ‘It was based on evidence of defence witness notwithstanding he was disbelieved by the Magistrate upon cross-examination;’

4.Paragraph 48, page 12:-

‘The gist of Miss Ching’s argument was that……Mr Tang’s witness statement, and the unavailability of the alleged clip seen by Mr Yeung on YouTube.’ should be changed to ‘The gist of Miss Ching’s argument was that……Mr Wong’s witness statement, and the unavailability of the alleged clip seen by Mr Yeung on YouTube.’

5.Paragraph 52,  page 13:-

‘That said, I do not consider that Mr Butt, having acted on instructions from the 1st Appellant, was guilty was serious improper act or serious misconduct, as to which, he personally rather than the 1st Appellant should be responsible for the costs.’ should be changed to ‘That said, I do not consider that Mr Butt, having acted on instructions from the 1st Appellant, was guilty of serious improper act or serious misconduct, as to which, he personally rather than the 1st Appellant should be responsible for the costs.’

Dated the 1st day of December 2010.

  K. Lam
Clerk to Hon. Fung, J
Other Judgments in This Case

Further hearings and rulings under HCMA 239/2010