HKSAR v. KHAN AKAF NAWAZ AND OTHERS

HCMA 212/2002

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MAGISTRACY APPEAL NO. 212 OF 2002

(ON APPEAL FROM WSCC 10644/2001)

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J U D G M E N T

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1. These three Appellants were convicted after trial in the Magistracy of one count of Wounding contrary to s.19 of the Offences Against the Person Ordinance, Cap. 212. They appeal now against their convictions.

2. The sole ground of appeal is that the Magistrate erred in deciding on the basis of the identification evidence presented that the Appellants were pursuers of the victim and the assailants in the joint enterprise, despite correctly having asserted that the case turned on the issue of identification. Details of the areas in which he was said have erred were set out at grounds 1(a)-(e) of the Perfected Grounds of Appeal.

1. Having considered those matters and having heard counsel today, I note that all the matters advanced on appeal were raised at trial, and had been considered by the Magistrate in what is a detailed Statement of Findings. This appeal appears to be no more than a rehashing of matters which were very clear to the Magistrate at trial, and which he was very careful to examine in his Statement of Findings.

2. I am of the view that the problems inherent in the identification evidence were not only clear to the Magistrate but were carefully and properly resolved by him in his Statement of Findings. These appeals against conviction are dismissed.