Tam Kam-chuen v. The Queen

CACC000940/1975

IN THE SUPREME COURT OF HONG KONG

(APPELLATE JURISDICTION)

CRIMINAL APPEAL NO. 940 OF 1975

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Coram: Cons J.

Date of Judgment: 7th November, 1975.

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JUDGMENT

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1. The appellant was convicted of disorderly conduct following an altercation with a police constable on the issue of a fixed penalty ticket. He has mentioned to me several witnesses who could and should have been called at the trial. No criticism can be leveled at the learned magistrate who presided over that trial. The fault is entirely the fault of the appellant. But I do not think he then correctly appreciated the situation and should now be given the chance to bring those witnesses forward in his defence. The conviction and fine are therefore set aside and the case is remitted to the North Kowloon Magistracy for hearing before another magistrate.

2. There will need to be some changes in the wording of the particulars of the offence as charged, of which counsel for the Crown has already taken note.

Representation:

Appellant in person.

Eddie Soh, C.C., for Crown.