HKSAR
LEUNG CHUN HING
HCMA 921/1997
HCMA000921/1997
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
MAGISTRACY APPEAL NO. 921 OF 1997
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Coram: The Honourable Madam Justice Beeson in Court
Date of Hearing: 16 December 1997
Date of Judgment: 16 December 1997
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J U D G M E N T
1. The Appellant in this case appeals against conviction for an offence of attempted theft. The attempted theft was of a wallet from a rucksack carried by a customer in a shop. The incident was observed by two police officers.
2. I have considered the Statement of Findings of the magistrate and compared it with the transcript of the trial hearing. It appears to me that the magistrate was fully aware of the apparent discrepancies in the evidence and that he did evaluate and resolve them.
3. He rejected, as he was entitled to do, the evidence of the first witness who was the victim, where it conflicted with that of the two police officers. The police officers had a view of the proceedings throughout and their view of the proceedings was obviously far better that that of the victim who was carrying the rucksack on his back. I do not find anything unsafe or unsatisfactory about the conviction and the appeal is dismissed.
Representation:
Ms. Alice Chan, Government Counsel for D.P.P.
P. Francis, of Paul Kwong & Co. for Appellant.