LEI SAN POU v. HKSAR

FAMC No. 37 of 1999

IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MISCELLANEOUS PROCEEDINGS NO. 37 OF 1999 (CRIMINAL)

(ON APPLICATION FOR LEAVE TO APPEAL

FROM HCMA NO. 796 OF 1999)

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DETERMINATION

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Mr Justice Ching PJ:

1. The applicant was the second of two defendants who were charged with fighting with each other in a public place. The first defendant pleaded guilty to the charge and became the first prosecution witness in the trial of the applicant before another magistrate. That magistrate bore in mind these facts in relation to the first defendant but accepted her evidence. He also accepted the evidence of a bystander who became the second prosecution witness. He found that the applicant was fighting with the first defendant in a public place.

2. The applicant now seeks leave to appeal against her conviction and puts forward in her written application four matters, as follows:-

"(1)	The contents of the medical report are untrue.
(2)	Police dealt with the matter perfunctorily, e.g. they did not arrest me formally.
(3)	Police tried to stall me when I asked to get back my statement. Later it was found that what was contained therein was inconsistent with what I had told the police.
(4)	I have fresh evidence."

3. The first three of these matters are irrelevant to the conviction. The fourth does not assist her. The evidence, if any was relevant and admissible, should have been put before the magistrate and was not, even though she was then legally represented. In any event the matters which she wishes to put forward and the further submissions she has made to us cannot affect the findings of the magistrate.

4. This application is dismissed.