HKSAR v. Kwan Andis Chi Tung

HCMA 337/2011

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MAGISTRACY APPEAL NO. 337 OF 2011

(ON APPEAL FROM ESS 47192 OF 2010)

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BETWEEN

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Before: The Honourable Mrs Justice V. Bokhary in Court

Date of Hearing: 14 July 2011

Date of Judgment: 14 July 2011

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J U D G M E N T

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1.The Magistrate found, as it was justified on the evidence to find, that the Appellant, who held a United States passport and had lost his Hong Kong identity card, was in a street with neither his passport nor his identity card replacement form, both of which he had left at home. Despite everything urged to the contrary, I am of the view that there is no basis on which to disturb this conviction for failing to produce proof of identity on demand.

2.It is a pity that the Appellant has thus acquired a conviction, and it should be said that it does not reflect on his character. In the result, however, I dismiss the appeal.

Appellant in person

Ms Peggy Leung, of the Department of Justice, for the Respondent