HKSAR v. CHU SIU WAI JOVIE

HCMA481/2004

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

(Appellate Jurisdiction)

MAGISTRACY APPEAL NO.481 OF 2004

(ON APPEAL FROM TWCC 646 OF 2004)

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BETWEEN

	HKSAR	Respondent
	and
	CHU SIU WAI JOVIE (朱兆蔚)	Appellant

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Before : Hon Nguyen J in Court

Date of Hearing : 25 August 2004

Date of Judgment : 25 August 2004

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JUDGMENT

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1. The magistrate heard the evidence of all the witnesses including that of the appellant.  He also observed the demeanor of the witnesses when they gave evidence.  I have not had that opportunity and this appeal hearing is only based on the transcript which has been transcribed and the magistrate’s Statement of Findings.

2. I cannot see any ground for saying that the magistrate was wrong to have accepted the evidence of PW1 and PW2, the complainant and a police officer and to have rejected the evidence of the appellant.  I can see from the record no lurking doubt about the conviction.  The appeal against conviction is dismissed.

3. I grant the appellant leave to appeal against sentence out of time.

4. The appeal against sentence is allowed to the extent that the fine of $1,000 is reduced to $250 which is the maximum penalty provided for in section 28(2) of Cap.228.

5. The balance of the fine already paid, namely $750, is to be refunded to the appellant.

	(Peter Nguyen)
	Judge of the Court of First Instance
	High Court

                                                                   

Ms Evelyn Tsang, GC of the Department of Justice, for HKSAR

Appellant in person