NG CHUN-TING v. THE QUEEN
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CACC000340/1970
IN THE SUPREME COURT OF HONG KONG
APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 340 OF 1970
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| BETWEEN | ||
| NG Chun-ting | Appellant | |
| AND | ||
| The Queen | Respondent |
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Coram: Mills-Owens, J. in Court.
Date of Judgment: 20 July 1970
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JUDGMENT
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1. The appellant appeals against conviction on charges of (A) Being a suspected person found loitering with intent to steal and (B) Possession of an offensive weapon, a scout-knife. The evidence was that in fact the appellant made an attempt to steal a handbag carried by a young woman who was accompanied by a young man. The learned magistrate did not remark upon the nature of the charges, nor upon the fact that neither of the young couple was called as a witness. Further, although there were two police officers keeping the appellant under observation the evidence of one was merely to the effect that he was on duty with the other police officer, saw the appellant at the scene and saw him arrested by the other police officer. Presumably, however, the intention of the prosecution was to make the second police officer available for cross-examination by the appellant. In the event the appellant merely put the question to this officer that he was lying, which the officer denied. In such circumstances, in my view, particularly as the appellant was unrepresented, it would have been better if the magistrate had indicated to the appellant, and recorded that he had done so, that the witness was available for cross-examination as to the details of the alleged offences; otherwise the impression might be given that the Court was already satisfied on the evidence of the one witness.
2. On a consideration of the whole of the evidence, including that of the appellant, however, I am unable to say that the conviction cannot stand and the appeal is therefore dismissed.
| (Mills-Owens J.) |
20th July, 1970.
Representation:
Appellant in person.
Lucas (Senior Crown Counsel) for Respondent.
Oral judgment reduced into writing.