HKSAR v. SIN KWOK CHEUNG

HCMA001093/1999

HCMA 1093/1999

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MAGISTRACY APPEAL NO. 1093 OF 1999

(ON APPEAL FROM WSC 9255/1999)

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BETWEEN
HKSAR Respondent
AND
SIN KWOK CHEUNG Appellant

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Coram: Hon Beeson J in Court

Date of Hearing: 31 March 2000

Date of Judgment: 31 March 2000

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J U D G M E N T

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1. The Appellant appeals against his conviction in respect of an offence of Assault Occasioning Actual Bodily Harm. The Appellant andthe victim were colleagues who worked as security guards. An argument occurred in the course of which the Appellant was alleged tohave hit the victim on the head with a torch, causing bleeding.

2. The matter went to trial, the Appellant was represented and the matter was argued fully before the Magistrate. It is now submittedthat there were discrepancies in the evidence of the victim which were not resolved by the Magistrate. It was submitted too thatthe Magistrate did not give thought to whether or not the injury was caused deliberately by the Appellant, or whether it was theresult of an accident. The third ground is that the Magistrate reversed the burden of proof.

3. Having considered all those matters, I am of the opinion that the Magistrate was correct in dealing with the matter as he did. HisStatement of Findings is short. It was a simple case and it was really a question of credibility that he had to resolve. He resolvedthose discrepancies sufficiently for the purposes of the hearing. He did not reverse the burden of proof and implicit in his considerationwas a finding as to whether or not this was an accidental, or deliberate, causing of an injury.

4. This appeal against conviction is dismissed.

(C-M Beeson)
Judge of the Court of First Instance

Representation:

Ms Agnes Chan, SGC, for DPP

Mr H Y Wong, instructed by DLA, for the Appellant