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FAMC000030/1998
FAMC No. 30 of 1998
IN THE COURT OF FINAL APPEAL OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
MISCELLANEOUS PROCEEDINGS NO. 30 OF 1998 (CRIMINAL)
(ON APPLICATION FOR LEAVE TO APPEAL
FROM HCMA No. 803 OF 1998)
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YUNG KWAI TUNG |
Applicant |
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HONG KONG SPECIAL ADMINISTRATIVE REGION |
Respondent |
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Appeal Committee: Mr Justice Litton PJ, Mr Justice Ching PJ and Mr Justice Bokhary PJ
Date of Hearing: 26 January 1999
Date of Determination: 26 January 1999
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D E T E R M I N A T I O N
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Mr Justice Ching PJ :
1. This is an application for leave to appeal to the Court of Final Appeal against three convictions in the Magistrate's Court which were upheld in the Court of First Instance. Briefly described, the convictions were for obstruction in a public place, hawking without a licence and assault occasioning actual bodily harm.
2. The grounds upon which the applicant seeks to appeal to the Court of Final Appeal are all upon matters of fact. Those are matters primarily for the Magistrate. His findings of fact in the circumstances of the present case are not matters with which the Court of Final Appeal will interfere.
3. This application is dismissed.
| ( Henry Litton ) |
( Charles Ching ) |
( Kemal Bokhary ) |
| Permanent Judge |
Permanent Judge |
Permanent Judge |
Representation:
Mr Yung Kwai Tung, Applicant, in person
Mr D G Saw SC and Miss Vivien Chan (of the Department of Justice) for the Respondent
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