HKSAR v. CHAN WING KAI

HCMA 153/2008

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MAGISTRACY APPEAL NO. 153 OF 2008

(ON APPEAL FROM ESCC 4946/2007)

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J U D G M E N T

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1. This is an appeal against a conviction for doing an act tending and intended to pervert the course of justice.

2. The appellant was an off-duty policeman driving a taxi when he should not have been, and he had an accident, and he asked a friend of his to say that he was the driver because he knew he would be in trouble for moonlighting if he admitted being the driver.

3. The facts do not tell me how it came about, but the authorities got wind of what had happened, and it resulted in the friend giving evidence against this appellant at the trial.

4. The appellant did not give evidence, and, not surprisingly in those circumstances, it not being a matter about which the friend could have been mistaken, the magistrate convicted, because the evidence from a credible witness was all one-way.

5. The appellant has served his sentence of 1 month, and today comes before me and, after a discussion about the merits of the case, realistically puts nothing before me.  He has addressed me very nicely.  In part of his police career he was attached to South Kowloon Magistracy, and he understands how the system works.  He knows it is hopeless; and whilst he has not formally abandoned the appeal, he does not seek to argue any ground.

6. If I had thought there was any point that could have helped him, I would have taken it on his behalf and maybe adjourned the matter for further argument and help and the like, but that is not the case.

7. Accordingly, the appeal against conviction is dismissed.