|
HCMA000242/2002
HCMA242/2002
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
(Appellate Jurisdiction)
MAGISTRACY APPEAL NO.242 OF 2002
(ON APPEAL FROM WSMP 36 OF 2002)
----------------------
| BETWEEN |
|
|
|
HKSAR |
Respondent |
|
|
|
|
AND |
|
|
|
|
|
WONG KUN CHEONG |
Appellant |
-----------------------
Coram: Deputy High Court Judge Wong in Court
Date of Hearing: 9 April 2002
Date of Judgment: 9 April 2002
-------------------------
J U D G M E N T
-------------------------
1. For the reasons I have indicated in the course of argument by the appellant and counsel for the Government, I am satisfied there is no merits in this appeal.
2. There is no evidence, by that I mean direct and admissible evidence, to support his complaint to enable the magistrate to issue a private summons for private prosecution. That being the case whether his argument on the interpretation of the law is correct or not is irrelevant.
3. In my view, I think the magistrate was right in his interpretation of the law and I would accept his argument and reject the argument advanced by the appellant. This is a completely unmeritorious application and equally an unmeritorious appeal. The appeal must be dismissed. I make an order for costs under section 120 of the Magistrates Ordinance, and fix the amount at $5,000.
|
( Michael Wong ) |
|
Deputy High Court Judge |
Representation:
Mr Kwok Wing Lung, SGC of DPP, for HKSAR
The Appellant in person, present
|