THE QUEEN
TSANG WAI KEUNG
Mr McMeans, S.C.C.
HCMA 1052/1995
HCMA001052/1995
IN THE SUPREME COURT OF HONG KONG
(Appellate Jurisdiction)
MAGISTRACY APPEAL NO. 1052 OF 1995
----------------------
-----------------------
Coram : Hon. Duffy, J. in Court
Date of hearing : 13 December 1995
Date of handing down judgment : 19 December 1995
---------------------
J U D G M E N T
--------------------
1. This was an appeal against a conviction for crossing continuous double white lines. The only point on the appeal was that the appellant who had appeared in person at his trial, had challeged the evidence of a Police Officer but had been refused permission to check the notebook of the Officer, who had claimed that he was giving evidence in accordance with his notebook. The Magistrate refused the application on the basis that "there is not the slightest indication of any inconsistancy". This he did without even checking the notebook himself. Thus the Appellant was effectively being barred from following a perfectly proper line of cross examination. This was a material irregularity and fatal to the conviction in this case. The appeal was allowed.
Representation:
Mr McMeans, S.C.C., for Crown
Appellant Tsang Wai Keung in person