HKSAR v. TSANG SAU YING

HCMA 1104 of 1998

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

ACTION NO. HCMA1104 OF 1998

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J U D G M E N T

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1. This is an appeal against the conviction after trial of the appellant on two charges of blackmail and theft. The appellant appears before me in person; she was legally represented during her trial in the Kwun Tong Magistracy.

2. The appellant's grounds of appeal appear to be twofold: firstly that the Learned Magistrate failed to take into account all of the surrounding circumstances, which led up to the alleged offences and, secondly, that the Learned Magistrate did not accept her evidence because she was a nightclub hostess.

3. As to the first matter, and after careful enquiry of the appellant, I am entirely satisfied that all relevant matters were fully before the Magistrate and were given full consideration. The appellant herself gave evidence during her trial.

4. As to the second matter, the Learned Magistrate, in her careful statement of findings, said this - and I quote

"I again also bore in mind the appellant's previous clear record. Her occupation was relevant only as to [a fact in issue]" (the words in square brackets are mine).

5. Having considered carefully the transcript before me, I am unable to find any matter in respect of which the Learned Magistrate might have fallen into error, and thus I cannot say that the conviction of the appellant was in any way unsafe or unsatisfactory.

For these reasons the appeal must be dismissed.