HKSAR v. CHAN WAI HUNG

1997, NO. MA 198

IN THE HIGH COURT OF HONG KONG

COURT OF FIRST INSTANCE

MAGISTRACY CRIMINAL APPEAL

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REASONS FOR DECISION

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1. I allowed the appellant's appeal against his conviction by Magistrate Susanna Ku on 24th January, 1997 of one count of theft that allegedly took place in the early hours of 1st August, 1996.

2. The appellant is a young man with an unblemished record prior to the date of the incident. The subject matter of the alleged theft was an iron shelf bought by the victim in 1991. The victim had no use of the same and he left it outside his store.

3. The appellant is a rubbish collector. At the hearing before me, he sought to adduce additional evidence as to the point where he found the iron shelf. Given the importance of this matter to the appellant, Mr. Pang for the prosecution had very fairly raised no objection to such evidence being adduced. Such new evidence reinforced the appellant's contention that he truly believed the iron shelf to be discarded item which he could assume ownership.

4. For these reasons, notwithstanding the very careful Statement of Findings by the Learned Magistrate, I gave the Defendant the benefit of doubt. I set aside the conviction and allow the appeal.