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HCMA481/2004
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
(Appellate Jurisdiction)
MAGISTRACY APPEAL NO.481 OF 2004
(ON APPEAL FROM TWCC 646 OF 2004)
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BETWEEN
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HKSAR |
Respondent |
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and |
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CHU SIU WAI JOVIE (朱兆蔚) |
Appellant |
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Before : Hon Nguyen J in Court
Date of Hearing : 25 August 2004
Date of Judgment : 25 August 2004
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JUDGMENT
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1. The magistrate heard the evidence of all the witnesses including that of the appellant. He also observed the demeanor of the witnesses when they gave evidence. I have not had that opportunity and this appeal hearing is only based on the transcript which has been transcribed and the magistrate’s Statement of Findings.
2. I cannot see any ground for saying that the magistrate was wrong to have accepted the evidence of PW1 and PW2, the complainant and a police officer and to have rejected the evidence of the appellant. I can see from the record no lurking doubt about the conviction. The appeal against conviction is dismissed.
3. I grant the appellant leave to appeal against sentence out of time.
4. The appeal against sentence is allowed to the extent that the fine of $1,000 is reduced to $250 which is the maximum penalty provided for in section 28(2) of Cap.228.
5. The balance of the fine already paid, namely $750, is to be refunded to the appellant.
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(Peter Nguyen) |
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Judge of the Court of First Instance |
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High Court |
Ms Evelyn Tsang, GC of the Department of Justice, for HKSAR
Appellant in person
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