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HCMA000232/1999
1999, No. MA 232
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
(APPELLATE JURISDICTION)
MAGISTRACY APPEAL NO. 232 OF 1999
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HKSAR |
Respondent |
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WONG KA WAI |
Appellant |
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Coram: The Honourable Mrs Justice V. Bokhary in Court
Date of Hearing: 12 May 1999
Date of Delivery of Judgment: 12 May 1999
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J U D G M E N T
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1. It was common ground between the prosecution and the defence that the Appellant removed the fairing from somebody else's motorcycle and fixed it to his own motorcycle. He was charged with theft. His defence was that he believed that the motorcycle from which he removed the fairing had been abandoned.
2. The Magistrate, Colin Mackintosh Esq., considered the circumstances with care and concluded that the only reasonable inference was that the Appellant did not really believe that that motorcycle had been abandoned. Accordingly he convicted the Appellant.
3. Now the Appellant appeals against conviction. I have considered what he has said, but I am satisfied that the Magistrate's conclusion is not one which it would be appropriate to disturb.
4. This appeal is therefore dismissed.
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(V. Bokhary) |
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Judge of the Court of First Instance,
High Court |
Representation:
Mr. Wong Ka-wai, Appellant in person
Mr. Man Tak-Ho Jonathan (of the Department of Justice) for the Respondent
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