HKSAR v. LEUNG KING HONG

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MAGISTRACY APPEAL NO. 1104 OF 1997

(On Appeal from ESC 4338/97)

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J U D G M E N T

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1. This Appellant appeals against conviction in respect of an Assault Occasioning Actual Bodily Harm for which he was fined $3,000.00, ordered to pay compensation of $1,500.00 and ordered to pay costs of $750.00.

2. At the trial, the Appellant advanced a defence that appeared to be a combination of self-defence and accident and that was considered by the Magistrate. The victim was intending to collect a long-outstanding debt from the Appellant. He had, after some difficulty tracked the Appellant down and when he met him in the street, endeavoured to stop the Appellant going away. It was at this point that the Appellant punched him causing a 1.5 cm laceration on the skin of the victim's lip.

3. The trial stretched over a period of some hours, the Magistrate had the advantage of seeing and hearing the witnesses in respect of the assault. She was clearly satisfied on the evidence that the offence had been made out and convicted. I see no reason to disturb the Magistrate's findings of fact and I dismiss this appeal against conviction.