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HCMA000185/2002
HCMA185/2002
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
(Appellate Jurisdiction)
MAGISTRACY APPEAL NO.185 OF 2002
(ON APPEAL FROM ESCC 3565 OF 2001)
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HKSAR |
Respondent |
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CHENG XIN NA |
Appellant |
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Coram : Deputy High Court Judge Wong in Court
Date of Hearing : 8 May 2002
Date of Judgment : 8 May 2002
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J U D G M E N T
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1. Having considered the written arguments in this case and having taken into account the concession made by Mr Dick who appears before this court for the Government, I reluctantly come to the conclusion that the conviction cannot be supported in view of the very fundamental error made by the magistrate on the standard of proof (see p.67 of the Appeal Bundle D-E. The mistake is fatal and cannot be cured by a subsequent correction at p.68 N-O).
2. The facts are quite simple, there is no need for me to repeat them here. In all the circumstances of the case, I have, with reluctance, to allow this appeal, quash the conviction and set aside the sentence.
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( M. Wong ) |
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Deputy Judge of the High Court |
Representation:
Mr J.W. Dick, SGC for Director of Public Prosecutions, for the Respondent
Mr Osmond Lam, instructed by Messrs Ivan Tang & Co., for the Appellant
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