HKSAR v. Kulwir Singh

HCMA 32/2011

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MAGISTRACY APPEAL NO. 32 OF 2011

(ON APPEAL FROM ESCC 3593/2010)

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Before: Hon. Wright J

Date of Hearing and Judgment: 8 March 2011

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JUDGMENT

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1.The appellant was convicted by a magistrate, after trial, of two charges of theft contrary to s. 9 of the Theft Ordinance, Cap. 210 and sentenced to undergo imprisonment for a period of six weeks, the sentences to be served concurrently. He appeals the conviction.

2.The appellant was seen by a teacher at the Sikh Temple in Queens Road East pushing a trolley carrying some steel bars. The appellant was known to the witness. The witness recognised the trolley, which had a distinctive defect, as belonging to the Temple. The appellant ignored the witness who attempted to make enquiries of him: the witness then summoned the police. They arrived and arrested the appellant. A worker from a building contractor carrying out work on the temple was able to identify the steel bars as belonging to his employer.

3.The magistrate accepted the evidence of each of the prosecution witnesses expressing the two civilian witnesses as being honest and reliable and noting that the evidence of the two police officers was not challenged by the appellant.

4.The appellant exercised his right not to testify or call witnesses. The appellant relies on the grounds of appeal set out in the pro forma notice of appeal. He adds nothing material before me today.

5.The appeal is devoid of any merit and is dismissed.

Ms Bianca Cheng, Senior Public Prosecutor, Department of Justice, for the Respondent.

Appellant in person.