HKSAR v. WONG IOK FAN

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MAGISTRACY CRIMINAL APPEAL NO. 20 OF 1998

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J U D G M E N T

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1. The Appellant appeals against conviction in respect of a charge of attempted theft, contrary to Section 9 of the Theft Ordinance, Cap. 210.

2. The Appellant, who was represented at the trial, challenged the prosecution evidence quite extensively and the Magistrate was made fully aware of all aspects of the case and evidential discrepancies.

3. The victim was a passenger, or a prospective passenger, for the MTR, who felt a bump behind her and as she turned saw the Appellant's hand coming out of her bag holding a wallet. As a result the victim and her husband chased the Appellant and her male companion and there was a scuffle during which the wallet failed to materialise. Later the wallet was found abandoned on the MTR track in close proximity to where the initial bumping had taken place.

4. The Magistrate went through the evidence extensively in his findings; he reminded himself of the Defendant's clear record and took that into account both as to propensity and as to credibility; he was satisfied on the evidence that the elements of the charge had been made out. He had the advantage of hearing the witnesses and of hearing them cross-examined. I am satisfied having considered the transcript and his Reasons for Verdict that this conviction is not unsafe and it is affirmed. The appeal against conviction is dismissed.