IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
MAGISTRACY APPEAL NO. 60 OF 2002
(ON APPEAL FROM NKCC 6314/2000)
Coram: Hon Jackson J in Court
Date of Hearing: 21 March 2002
Date of Judgment: 21 March 2002
Date of Reasons for Judgment: 27 March 2002
J U D G M E N T
1. The appellant was convicted at his trial in the North Kowloon Magistrates Court on 28 December 2001 of an offence of common assaultand he was fined. He did not give evidence at his trial but called one witness.
2. He appeals against his conviction upon two grounds which, in reality can be expressed thus:
3. What the magistrate concluded as regards the first of those 2 matters in his usual detailed and helpful statement of findings wasthis:-
4. It is true that the learned magistrate did not, in his statement of findings, deal specifically with the ‘victim’s’ claim to havebeen in pain as a consequence of being pushed on the chest by the appellant, beyond saying that he accepted his evidence to thatand to other effect. There was no need whatsoever for him to have gone beyond that conclusion despite the suggestion from Mr Chan,who appears for the appellant, to the contrary.
5. There is, with respect, nothing at all in Mr Chan’s apparent suggestion that it is inherently unlikely that a ‘push’ with an openhand onto somebody else’s chest will cause pain and that therefore a magistrate is obliged to give reasons for his view to the contrary.
6. There is nothing at all in this appeal and it is dismissed.
Mr G Shiu, SGC of Department of Justice, for the Respondent
Mr Edward Chan of M/s Chan, Wong & Lam for the Appellant